Oncu v. Oncu, 2009 BCSC 829

INCADAT legal file Hague parental abduction

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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 his assertions the latter trip was merely for a vacation, by the time of the return to Canada he had by his actions acquiesced in the change of her habitual residence from Canada to Turkey.
Consent – Art. 13(1)(a)
The parents disagreed as to whether the mother had consented to the child moving to Canada. The Court found that the father had failed to prove on a balance of probabilities that the mother had consented to the relocation.
Grave Risk – Art. 13(1)(b)
The Court rejected the father’s assertions that the child would be subjected to grave psychological harm if returned to Turkey in the light of the strict cultural expectations which existed in that State.