CUSTODY AND ACCESS - Appeals and judicial review - Of final orders

Law360 Canada ( November 7, 2018, 8:37 AM EST) -- Appeal by the mother from a final order granting the father sole custody of the parties’ 13-year-old child. The mother unilaterally moved with the child to India in 2013. She had brought petitions for divorce and custody in India. The father had filed a counter-petition in India. In 2014, the father obtained an ex parte order granting him temporary custody and requiring the mother to return the child to Ontario. In 2018, the father brought a motion to have the mother found in contempt of the 2014 order. The motion judge found the child’s habitual residence was Ontario and proceeded on the basis that the Ontario courts had jurisdiction. He granted the father sole custody....
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