Are you looking for help with child custody in Canada and China? In an increasingly interconnected world, the complexities of child custody disputes have transcended national borders.

Looking specifically at Canada and China, a stark divergence in both legal frameworks and cultural norms amplifies these complexities. Distinctly different legal systems and the absence of a bilateral agreement complicate matters.

In Canada, family law matters, including child custody, are primarily regulated by provincial legislation. Statutes such as the Ontario Family Law Act or the British Columbia Family Law Act stipulate that the best interests of the child must be the paramount consideration.

Data from the Canadian Department of Justice indicates that in 80% of cases in 2021, sole custody was awarded to mothers. Shared custody arrangements rose to a notable 16%.

Child Custody Canada and China

China, in contrast, adheres to a civil law system. The country’s Marriage Law states that custody disputes should be resolved in favour of the mothers, particularly for children under two years old.

A 2017 amendment leans towards joint custody, albeit in practice, it’s rarely enforced. According to the All-China Women’s Federation, only about 30% of divorced couples in China chose joint custody in 2020.

Against this backdrop, the core issue is the difference in interpretation and enforcement of what is considered the child’s best interest. China’s patriarchal norms often favour the father’s economic stability, while Canada puts more emphasis on the child’s emotional well-being and tends to favour the primary caregiver, often the mother.

Indeed, these differences become even more pronounced when dealing with international child abduction. Canada is one of 101 signatories to The Hague Convention on the Civil Aspects of International Child Abduction, which is designed to provide a legal mechanism for the prompt return of abducted children.

China is not a party to the Hague Convention, which creates significant legal and logistical challenges for left-behind parents seeking the return of their children from China.

Hague Convention applications

A Canadian Central Authority report showed that, in 2022, Canada dealt with 278 Hague Convention applications. The lack of corresponding figures from China demonstrates the gulf in transparency and data sharing between the two countries.

Though China has its legal system, it frequently relies on mediation and negotiation in such disputes. The Chinese Foreign Ministry claims a 70% success rate in solving child abduction cases through diplomatic channels. However, this figure is under debate, with critics questioning its accuracy and transparency.

On the other hand, Canadian courts have been dealing with a significant number of international child custody cases in recent years. An estimated increase of 45% was seen from 2018 to 2023, according to the Department of Justice Canada.

Child custody disputes in Canada and China

In the end, international child custody disputes between Canada and China are a mesh of contradicting norms and legislation, compounded by the absence of a bilateral agreement.

It’s a realm where legal principles meet societal norms, where child welfare is weighed against parental rights, and where the notion of ‘home’ can become a battleground.

As cultural shifts and legal reform continue to shape these countries’ respective family law landscapes, perhaps new paths toward consensus and cooperation may emerge. Until then, the challenge remains daunting for the parents and the children caught in the middle of these international disputes.

International divorce (Canada and China)

We are sharing information about our senior lawyer who focuses on international family law disputes. International custody battles, division of assets and international divorce are far more complicated than regular family law disputes.

Instead of dealing with the laws of one country, you must deal with the laws of both countries. Clearway can connect you with the best family lawyers anywhere in Canada.

We put in the research to find the right lawyer for you, so you don’t need to worry about it. We have a number of lawyers that have been doing only family law for over 15+ years on our platform.

Dealing With Assets In Canada and China

Let’s say you have properties in Beijing and Toronto. When you divorce or separate, you are going to need to calculate the values of the properties in both countries.

Further, you will need to deal with child access and child custody in two different countries. We will explain why this can be challenging.

You will also have to calculate spousal support. That means you will need to calculate the incomes of both spouses in China and Canada. It can be very hard to calculate income for wealthy people in China.

Experienced International Family Lawyers

Experienced International Family Lawyers

Darrell Waisberg is an extremely experienced family lawyer in Canada. This means his knowledge is advanced in family law, and his hourly rate reflects this.

When you have a lot of property worth millions of dollars, you want to hire a lawyer with the most experience.

You don’t want to risk hiring a lawyer that doesn’t know what they are doing. If you feel your situation would benefit from a very experienced lawyer, reach out to us today.

Child Custody Canada and China

Child custody is normally complicated when both parents are in the same country. It’s even more complicated when one parent is in China, and the other parent is in Canada.

If the parents want to share custody 50/50, how are they going to do so? One parent cannot have the child for two weeks in Toronto, and then fly the child to Shanghai for two weeks.

The child needs to grow up in a steady environment with school and friends. This leaves two options:

Both parents agree to live in the same country, or;
One of the parents only gets to see the child a few times a year when they visit the other country.
Division of Assets (Canada and China)

A lawyer representing you in Canada will often have to work with a network of professionals in the other country. Mr. Waisberg has connections with accountants in China and family lawyers as well.

It will be important to work with a Chinese accountant to determine the value of your Chinese properties. You will have to work with a Canadian accountant to determine the value of your Canadian properties.

The lawyer in China will work with Mr. Waisberg to complete your family law matter in both Canada and China. Mr. Waisberg will be able to manage all the relationships for you so that you don’t have to worry about it.

Experienced International Family Lawyers

Family law is a very emotional area of law that is different from case by case. You need to hire a lawyer that focuses on family law.

You don’t want to hire a business lawyer who will try and figure it out. Getting a lawyer who is trained primarily in divorce law, especially in international family law, is very important.

Darrell Waisberg is a senior lawyer that focuses on divorce, child custody and division of assets. He takes a creative approach to delivering the best possible outcome for his clients.

This can sometimes mean staying out of the court to save his clients money. Other times when the matter is urgent, it means pushing matters in court.

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International Child Custody -Canada and China