Khan v. Fatima, 680 F.3d 781 (7th Cir. 2012)
The proceedings concerned a child who was three years old at the time of the appellate hearing. The parents, both of Indian ethnicity, had entered into an arranged marriage two years before the birth of the child. The family lived in Canada. The mother was a United States citizen. During a family visit to India […]
TV c. MB, Droit de la famille 1222, 2012 QCCA 21
The case concerned two children born in 2001 and 2005 to an American father and Canadian mother. The parents had cohabited for 10 years, until the father told the mother he had a mistress in June 2010. The parents’ versions of subsequent events differed. According to the father, he had asked the mother, who was […]
L.L. c. C.G., Droit de la famille 112106, Cour sup?rieure de Qu?bec 11 juillet 2011, 2011 QCCS 3612
Habitual Residence – Art. 3 The Court observed that the concept of habitual residence is defined neither by the Convention nor by the Act implementing it in Canadian law, and that the Civil Code of Quebec provides no further particulars. The Court referred to the comments of Judge Chamberland according to whom: “a child’s “habitual […]
A.M.R.I. v. K.E.R., 2011 ONCA 417
Acquiescence – Art. 13(1)(a) The Court noted that whilst delay was not generally sufficient to establish acquiescence, the exception still merited consideration. Grave Risk – Art. 13(1)(b) In the main part of its ruling the Court held that the child’s refugee status gave rise to a rebuttable presumption that her return to Mexico would expose […]
TV c. MB, Droit de la famille 111646, 2011 QCCS 2929
L’affaire concernait deux filles de 5 et 10 ans. La famille avait principalement v?cu aux Etats-Unis pendant leur vie commune, malgr? des s?jours annuels de tous les membres, s?par?ment ou en famille, au Qu?bec. La m?re et les filles avaient ?galement v?cu au Qu?bec pendant une certaine p?riode, jusqu’en 2008. Les parents se s?par?rent en […]
Helsinki Court of Appeal, 22 March 2011, Decision No 879
Habitual Residence – Art. 3 The mother argued that the child’s residence had at all times been in Finland and that the time spent in Canada had been temporary. It was her case that before the child’s birth she and the father had agreed to move to Finland. The father submitted that there had never […]
Kubera v. Kubera, 2010 BCCA 118
The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a 3 month vacation. The stay was extended several times and the mother commenced a relationship in Canada. In December 2004 the mother advised the father […]
T.T. c. M.M., Droit de la Famille 103615, Cour sup?rieure de Roberval, 15 d?cembre 2010, 2010 QCCS 6585
Rights of Access – Art. 21 The mother used this provision to enable her to obtain legal aid in Quebec, as that province’s Central Authority is bound to assist a parent applying for enforcement of a judgment relating to custody or rights of access delivered in another jurisdiction in a situation involving two countries bound […]
Ryan v. Ryan
The application related to two children born on 31 October 2001and 21 June 2005 to a Canadian mother and an American father. The parents had married after the birth of their first child and now lived in Vermont. In June 2010, the mother went to Newfoundland and Labrador with the children for a holiday. The […]
Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
The application related to a child born in California on 14 July 2004. The parents, who were first cousins, had been born in Afghanistan but had emigrated to North America as children, the father to California, the mother to Toronto. Their marriage in July 2001 had been arranged by their families. The marriage was characterised […]