Family Violence & Abuse FAQs

My partner has abused me and I want to leave. Can I take my child with me?

In Ontario, both parents have equal rights to access their child. To entirely remove your child from your partners care, you will need a court order that gives you custody. Custody is decided when a judge determines what is in the best interests of your child. If you remove your child from their other parent, it may reflect poorly on you during future litigation. If you feel it is extremely unsafe for yourself and your child to remain with your partner, one way to mitigate this problem is by having a family lawyer help you write a letter to your partner before or right after you leave. This letter can explain that you wish to work out custody and access matters. Ultimately, it is best to speak to a family lawyer before taking steps to take your child with you as you leave your partner.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.