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Old 01-08-2017, 03:21 PM
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Originally Posted by Tayken View Post
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),

Child returned to Poland despite claims of "abuse" by the abducting parent.

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),

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!

Very good case Tayken.

(I didn't miss the part where the mother "tackled" her 13-year-old son). A very contentious situation.

Both parties previously agreed that Hawaii was habitual residence so this Appeal makes sense.
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