Parenting After Divorce

Frequently Asked Questions

1. Can the Minister of Justice and Attorney General of Canada help resolve my legal situation?
2. When does the Divorce Act apply?
3. What can I do if I can't afford a lawyer?
4. Who enforces custody and access orders?
5. Where can I find a family law mediator?
6. What are supervised access centres?
7. Who investigates parental child abductions?
8. What rights do I have as a grandparent?

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1. Can the Minister of Justice and Attorney General of Canada help resolve my legal situation?

The Minister of Justice and Attorney General of Canada cannot intervene in cases before the courts or provide legal advice to members of the public. The role of the Minister is to provide legal advice to federal departments, agencies and Crown corporations.

If you are not satisfied with the outcome of your case, you may be able to appeal the decision. You should get advice from a lawyer.

The Canadian Judicial Council has the authority under the Judges Act to handle complaints and allegations of judicial misconduct about federally appointed judges. The Canadian Judicial Council can only investigate complaints and allegations of judicial misconduct. It does not have the authority to review the decision of the judge in a particular case. Only an appeal court can review a judicial decision. Correspondence should be addressed to:

Executive Director
Canadian Judicial Council
Place de Ville, Tower B
450 - 112 Kent Street
Ottawa, ON K1A 0W8

2. When does the Divorce Act apply?

The Divorce Act applies to couples who were married and are now divorced or are planning to divorce. Provincial or territorial laws apply to couples who were never married but are now separated and are not planning to divorce. Either federal or provincial laws may also apply if a court makes an order before the parents get divorced.

3. What can I do if I can't afford a lawyer?

• Contact your local legal aid office to see if you qualify for legal aid. Look under "legal" in the yellow pages of your phone book.
• If you don't qualify for legal aid, you may wish to contact a lawyer referral service.
• Contact your provincial or territorial public legal education organisation.
• Visit your local library or university to see whether they provide legal information.
• Contact your local court house to see what information kits are available.
• You may choose to represent yourself. However, nothing can replace the advice of a lawyer who is familiar with the rules of procedure and the court process.

4. Who enforces custody and access orders?

The enforcement of custody and access orders fall under provincial and territorial legislation. Please check with your provincial or territorial government to see what services are available to you.

5. Where can I find a family law mediator?

• The Family Mediation Canada Web site provides the names and phone numbers for mediators in many regions.
• Look in the yellow pages under a heading such a "mediation".
• Ask a lawyer, your family doctor, or a community centre.

6. What are supervised access centres?

Supervised access centres provide children with safe or neutral settings for access, when there is concern about the safety of a child or custodial parent. British Columbia, Manitoba, Ontario, Quebec and Saskatchewan all have supervised access facilities. In most cases the service is provided by volunteers or private non-profit groups operating with aid from the province.

7. Who investigates parental child abductions?

If you are concerned that an abduction has occurred you should contact your local police service or RCMP detachment.  Parental child abductions are difficult and complex and when they involve other countries, they are even more so.

"Our missing children" is a federal program which has five partners: the Royal Canadian Mounted Police; Canada Border Services Agency;  the Department of Justice Canada ; Citizenship and Immigration Canada; and Foreign Affairs Canada.  It operates as Canada 's National Clearinghouse for missing children and is linked to all Canadian police and related agencies through the Canadian Police Information Centre (CPIC), U.S. police agencies through the National Crime Information Centre (NCIC), and most foreign police agencies through Interpol. 

More information about what to do if a child goes missing is available on the "our missing children" website.

Foreign Affairs Canada has also published a booklet entitled: International Child Abductions, A Manual for Parents.

8. What rights do I have as a grandparent?

Under the Divorce Act, third parties, such as grandparents, must obtain leave of the court in order to make an application for custody and access. First determine which law applies in your situation (federal, provincial or territorial).