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Old 01-08-2017, 12:54 PM
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Quote:
Originally Posted by arabian View Post
Here's a recent update from Ontario on the woman who abducted her daughter (Amber Alert).

Mom denied access to daughter | Welland Tribune
This matter is an interesting one. The challenge that the abducting parent has is one of habitual residential location. If the child has been resident in Egypt then the court will return the child.

Recent case law is not in this abducting parent's favour:

Orlowska v Orlowski, 2016 ONSC 7472 (CanLII)
Date: 2016-12-07
Docket: FS-16-408028
Citation: Orlowska v Orlowski, 2016 ONSC 7472 (CanLII),
http://canlii.ca/t/gvzx0

Child returned to Poland despite claims of "abuse" by the abducting parent.
Quote:
[40]** ** ** * As noted by Justice Hood in Usmani, there is an informative definition of “habitually resident” under the Children’s Law Reform Act R.S.O. 1990 c. C.12.* Section 22 of that Act provides that a child is habitually resident where he/she resided with both parents, or where the parents are living separate and apart with one parent under a separation agreement or with the consent, implied consent or acquiescence of the other parent, or under a court order.

Source: Orlowska v Orlowski, 2016 ONSC 7472 (CanLII), par. 40, http://canlii.ca/t/gvzx0#par40
And this recent appeal is a huge win for parents seeking the return of their children after they have been wrongfully removed:

Winsa v Henderson, 2016 ONSC 1736 (CanLII)
Date: 2016-03-22
Docket: C61336; DC-931
Citation: Winsa v Henderson, 2016 ONSC 1736 (CanLII), http://canlii.ca/t/gsshg

Quote:
[77]** ** * For the above reasons, therefore, the appeal is allowed. Ontario does not have jurisdiction to determine the issues of custody and access of C.H.

Source: Winsa v Henderson, 2016 ONSC 1736 (CanLII), par. 77, http://canlii.ca/t/gsshg#par77
The abducting parent in this matter took the law into their own hands and this will haunt their case. The CND courts are very respectful of other jurisdictions and the Rules regarding habitual residential jurisdiction of children.

Good Luck!
Tayken
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