Legal Question in Family Law in Canada

Is it lawful for my 16 year old brother to move out of his abusive parents' home and into mine, without their consent, in British Columbia, Canada?


Asked on 7/10/11, 11:47 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

In BC a child is supposed to live where his parents direct; having said that it would be unusual and quite rare for a court to force your brother to move out of your home once he's moved to be with you. There are a number of factors that the court would consider if your parents pushed this isse - here are some, but not all:

1. The nature and extent of the abuse (if the abuse consists of the parents imposing limits on your brother's behaviour that society in general considers within the acceptable range then it is not abuse);

2. Whether or not your brother will continue to attend school and whether or not you will see that he does;even though he is permitted to drop out at age 16, it is not in his best interest to dorp out, and you should take responsibility to ensure he does not

3. Your brother's mental & physical health, and any special needs he has

4. If your brother has any special talents, how you will nurture them

5. Your ability to provide for his daily needs - food, shelter, etc.

6. Whether or not your brother has any criminal involvement, and if so, your ability to monitor his behaviour and if he is on probation/parole, then his probation officer's consent

7. Who else is in your home

8. Your age and your willingness and ability to take charge of your brother, impose house rules, and see that he abides by them

These are just sme of the factors that must be considered; every situation is different and has factors.

If he moves, it must be of his own free will, not under direction or compulsion from you or anyone else.

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Answered on 7/10/11, 3:35 pm


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