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I am sorry to hear about this situation.
Under S.C. Code Ann. §16-17-495(A)(2), it is unlawful to take a child to avoid a custody proceeding after a pleading is filed and served. If the parent knows that the other parent is about to file for custody as part of divorce, and takes the child out of state to Canada, then the authorities may decide to charge with custodial interference. It is on a case by case basis. So while it is certainty possibly since unless/until the court states otherwise in temporary/final orders, each parent has the right to take the child anywhere, it may nor be advisable.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, the original jurisdiction for custody is where the child has been living for the last 6+ months. So if this is in SC, then he can file for custody as part of divorce in SC and make you come back to SC to deal with this issue (or at least make trips back). However if he fails to do this within 6 months, you could file in Canada and have jurisdiction there. Also, domestic violence allows you to file in the first court available regardless of the 6 months.
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