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Taking your children with you
Interim Custody
- Interim custody is a temporary custody order which lasts until a judge makes a final decision on custody.
- It can be a good idea to apply for interim custody if you have had to leave the family home and go to a shelter or other safe place.
- If there is no custody order in existence after you have left with the children, and you have not let your spouse see them, there is a possibility that you can be charged with criminal abduction of the children.
- To obtain an order for interim custody you have to make an application to a family court for an order to vary the normal situation of both parents having custody of the children.
- If you can, make some preparations before you leave, for example, save some money for legal fees, maybe get some legal advice.
- Seek legal advice from a lawyer who practices in the area of family law.
- Legal Aid is available for custody matters. See www.legalaid.ab.ca for information and for a list of Legal Aid offices in Alberta.
- An order for interim custody can be made by the court on very short notice, for example, within 24 hours.
- When considering an application for custody, the judge will look at what is in the best interests of the child. Therefore, be prepared to have evidence to show why the children should be with you.
Taking Your Children - Continued:
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July 2003
 
©1998-1999 Legal Resource Centre of Alberta.
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