Matzke v. Matzke, 85 R.F.L. (6th) 208
Grave Risk – Art. 13(1)(b) Frequently moving home from one state to another and the possibility that the father might move again from his present home in Nebraska was not sufficient to amount to a grave risk of physical or psychological harm to the children. The moves had been with the acquiescence of the mother, […]
J.M. c. C.C., Droit de la Famille 093056, Cour sup?rieure de Hull, 7 d?cembre 2009, 2009 QCCS 5812
The case concerned two children aged 14 and 15. The parents had separated after 15 years of marriage in 2005. The separation was contentious. According to the French divorce judgment delivered in 2008, the children’s habitual residence would be with their mother while the father would have a right of access, parental authority being shared. […]
Stochlak c. Pologne (Requ?te No 38273/02)
The case concerned a child born in 1993 in Canada, where her parents resided. In 1996, the family went to Poland on holiday. During that stay, the mother, who had Polish roots, informed the father that she had decided to live in Poland with the child permanently. On 18 December 1996, the Family Court of […]
Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
The application related to the adopted son of the Petitioner and Respondent. The adopters had married in Florida in 1988 and had lived in Canada since 1998. The child was born on 28 October 2000 in Canada to a mutual friend of the parents who had asked if they would adopt him. The mother alleged […]
Achakzad v. Zemaryalai, 2009 CarswellOnt 5615
The child, a boy, was 4 years old at the time of his alleged wrongful removal from California to Ontario by the mother. On 10 November 2008, the mother was allegedly assaulted by the father. On 15 November 2008 she left the United States and brought the child to Canada. Criminal charges were laid against […]
Djemba v. Ekwe, [2009] O.J. 2133
Habitual Residence – Art. 3 There was strong evidence the children were habitually resident in Austria immediately before their mother brought them to Canada. They had been living in Vienna with their father for eight months. Their mother also lived there during the majority of that period and the children spent roughly equal time with […]
Oncu v. Oncu, 2009 BCSC 829
Habitual Residence – Art. 3 The Court noted that the child had been in Turkey for an appreciable period of time when taken to Canada by the father. When she had travelled to Turkey, her mother clearly had a settled intention to reside in that country. As regards the father, the Court found that notwithstanding […]
Shortridge-Tsuchiya v. Tsuchiya, 2009 BCSC 541, [2009] B.C.W.L.D. 4138
The child, a boy, was 7 years of age at the time of alleged wrongful removal. He had been born in Japan to his Japanese father and Canadian mother. The child had Canadian and Japanese citizenship and was fluent in English and Japanese. In December 2007 the father told the mother that he would seek […]
M.P. c. J.K., Droit de la Famille 0957, Cour sup?rieure de Montr?al, 8 janvier 2009, 2009 QCCS 141
The case concerned a child born in Canada in 2003. The parents, who had lived together sporadically for a few years then regularly from December 2002 to November 2003, separated. The mother returned to Australia, her country of origin, in November 2003, with the child. The parents entered into several agreements concerning the child which […]
Cannock v. Fleguel, [2008] O.J. NO. 4480
The child, a boy, was born in Ontario in June 2006. The Australian father did not secure entry to the country because of a criminal record. When the child was approximately five weeks old the mother returned with him to Australia, where they lived with the father until the parents separated in October 2007. In […]