Interim Custody
Interim custody is a temporary custody order which lasts until a judge makes a final decision on 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, e.g., save some money for legal fees, maybe get some legal advice.
An order for interim custody may be appropriate for an emergency situation where you have left your partner and taken the children with you.
If there is no custody order in existence after you have left with the children, and you have not let your partner see them, you can be charged with criminal abduction of the children.
To avoid the possibility of criminal charges, take steps to obtain an interim custody order immediately after leaving.
Seek legal advice from a lawyer who practices in the area of family law.
An order for interim custody can be made by the court on very short notice, e.g., 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 would be with you.
October 1998
©1998-1999 Legal Resource Centre of Alberta.
