Best interests of child may be secondary in consideration of international child abduction cases

By Ken Nathens (January 11, 2023, 1:41 PM EST) -- In Canadian family law, no principle is more firmly entrenched than judicial decisions regarding the parenting of a child shall be based solely on a child’s best interests. Nonetheless, in the recent case of F. v. N. [2022] S.C.J. No. 51, the majority of the Supreme Court of Canada suggests that in the determination of international child abduction cases the consideration of the best interests of a child may be secondary to ensuring procedural fairness to the left-behind parent and the courts’ obligation to discourage international child abductions to Canada....
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