CUSTODY, PARENTING, AND ACCESS - Removal of child from jurisdiction - Practice and procedure - Courts - Jurisdiction

Law360 Canada (December 2, 2022, 12:39 PM EST) -- Appeal by the mother from a decision of the Ontario Court of Appeal that confirmed an order requiring the return of the parties’ two children to the United Arab Emirates (UAE). The parties married in Dubai in 2012. Their children were one and four-years-old at the time of trial. The mother did not have independent residency status in the UAE. In June 2020, the mother travelled to Ontario with the children, with the father’s consent, to visit her family. A few weeks later, the mother informed the father that she intended to stay in Ontario with the children. The father initiated proceedings in Ontario seeking the return of the children to Dubai. Prior to trial, the father offered to settle by undertaking to ensure the mother’s independent residency in Dubai and that the children would reside primarily with the mother. The trial judge declined jurisdiction. He declared the mother had wrongfully retained the children in Ontario and it was in their best interests to return to Dubai. A majority of the Court of Appeal confirmed the return order....
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