Re B. (Child Abduction: Habitual Residence) [1994] 2 FLR 915, [1995] Fam Law 60
The child, a boy, was 1 1/2 at the date of the alleged wrongful removal. On 7 December 1992 the parents, who were separated, had entered into an agreement whereby the mother could move with the child to England. Until then the child had spent its entire life in Ontario. On 30 December 1992 the […]
Hadissi v. Hassibi, 1994 Carswell Ont 2076, [1995] WDFL 001
Rights of Custody – Art. 3 The father was exercising rights of custody at the time of the wrongful retention. Up until that time, the family had lived together in the same house in California. The fact that mother and child had gone to Ontario, ostensibly for a holiday, in no way altered the father’s […]
Re G. (A Minor) (Enforcement of Access Abroad) [1993] Fam 216
The child, a girl, was 2 2/3 at the date of the application for access. Sometime after September 1990 the mother unilaterally took the child to England in breach of the father’s rights of custody. On 21 June 1991 the High Court ordered the return of the child. Upon the child’s return the Ontario Court […]
Zimmerman v. Zimmerman (1992), 42 R.F.L. (3d) 264 (B.C.S.C.)
The two children, boys (J & G), were born in Canada in 1989 and 1991 to German parents who had been landed immigrants in Canada since 1987. In November 1991 the parents separated and the mother took G to Germany. When the mother returned to Canada in April 1992 the parties arrived at a written […]
Foxman v Foxman
The applicant and respondent were married in Canada and had three children. After their divorce the mother took the children to Israel in March 1992. The mother argued that Quebec was not a ‘country’ bound by the 1980 Convention, that the father was not entitled to demand the return of the children since the mother […]
Taylor v. Ford 1993 SLT 654
The children were 9 and 7 at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were not married. On 16 July 1991 the father obtained an ex parte order from a court in Ontario prohibiting the mother from removing the children from the province. In […]
Re R. (Wardship: Child Abduction) (No. 2) [1993] 1 FLR 249
The child, a girl, was 5 at the date of the alleged wrongful removal. The parents were not married. They had lived together in England until July 1991. On 21 July 1991 the mother took the girl to Ontario. On 25 September 1991 the High Court awarded custody to the father, ordered the mother to […]
B. v. B. (Abduction: Custody Rights) [1993] Fam 32, [1993] 2 All ER 144, [1993] 1 FLR 238, [1993] Fam Law 198
The child, a boy, was 5 1/2 at the date of the alleged wrongful removal. During his life he had moved between England and Canada. The parents were married and each had custody rights in respect of the child. On 3 July 1991 the mother took the boy to England, her State of origin. On […]
Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
The children were 3 and 1 1/2 at the date of the alleged wrongful retention. They had lived in Canada all of their lives. The parents were married and had joint rights of custody. In October 1991 the mother took the children to England, her State of origin, for a two-month holiday. The father joined […]
Wilson v. Challis, [1992] O.J. No. 563 (Q.L.)
The child, a boy born 14 January 1981, was 11 years old at the time he was wrongfully retained by his maternal grandparents in Ontario. The child’s mother was deceased and the father had de jure and de facto custody of the child in the United Kingdom. A return application was commenced by the father […]