2008 QCCS 3562, Superior Court of Qu?bec (District of Montreal)
The children, two girls and one boy, were 4, 9 and 12 years old at the time of the alleged wrongful removal. The mother had lived with the biological father of the two younger children for 12 years, first in Canada and since 2001 in Florida. They had married in 1998. In May 2008, the […]
Lombardi v. Mehnert, 2008 ONCJ 164
The application concerned a child born in New York on 18 May 2007. The parents had been in an on off relationship since October 2004 and had lived together only briefly. They were unmarried. The relationship was characterised by the father’s verbal and physical abuse of the mother and his persistent breach of protection orders. […]
T.M. c. R.P., Droit de la famille – 08693, Cour sup?rieure de Montr?al, 28 mars 2008, N?500-04-047104-089
The application concerned a daughter born in 2001. Shorty after her birth, the parents, from different countries, settled together in Country A. The family lived there until December 2006. On that date, the mother and the child went to Canada with the consent of the father to visit the grandparents.They were expected to return to […]
Hoole v. Hoole, 2008 BCSC 1248 (10 January 2008)
Procedural Matters On 8 January 2008 the Oregon Circuit Court sought to initiate direct communication with the Supreme Court of British Colombia. This was in accordance with the Oregon rules which provided that upon being informed of a child custody proceeding having been commenced in another court, the relevant Oregon court shall communicate with the […]
Benditkis v. Benditkis [2007] O.J. No. 4815; 162 A.C.W.S. (3d) 45; 46 R.F.L. (6th) 438
Rights of Custody – Art. 3 The father argued that the removal and retention of the child were not wrongful because the parties had joint custody and there was no non-removal clause in the custody order. The court rejected this argument on the grounds that the parties’ custody order prohibited each parent from making major […]
A.B. v. Poland, Application No. 33878/96
The application related o a child born in Canada in 1988 to Polish parents. The parents had relocated to Canada in 1985. In 1991 they separated and the child, a girl, returned to Poland where she was cared for by the paternal grandparents. Some time thereafter the mother took the child back to Canada. In […]
Cass Civ 1?re 10 Juillet 2007, N? de pourvoi 07-10190
L’affaire concernait une fillette n?e en 2000. La famille ?tait ?tablie au Canada. A la suite de leur divorce, les parents organis?rent la garde de l’enfant; ils d?cid?rent provisoirement que la m?re aurait la garde physique de l’enfant, et le p?re un droit de visite. Cet accord int?rimaire fut homologu? par la juridiction canadienne en […]
Jackson v. Graczyk, 2007 ONCA 338; [2007] O.J. No. 2035
De Silva v. Pitts, 481 F.3d 1279, (10th Cir. 2007)
The application related to a boy born in the United States in February 1993 to a Sri Lankan mother and American father. The parents were not married and in February 1994, when the mother’s visa expired, she was ordered to leave the country. She did not. In May 1994 the father obtained an order from […]
Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
The parents of the child, a boy, were married in 1998 in the Philippines. After the marriage the father remained in the Philippines, where he was a life-long resident, and the mother moved to Texas, USA. At the time of her move the mother was one month pregnant. The child was born in 1999. The […]