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Old 09-14-2016, 09:48 AM
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Default Court orders 2 Canadian children to move to Germany with father

Court orders 2 Canadian children to move to Germany with father - Toronto - CBC News


Quote:
"Two Canadian children at the centre of a protracted custody dispute must return to Germany where their father lives, over their objections and against the wishes of their mother, Ontario's top court ruled Tuesday."
Quote:
"I have to take this to the Supreme Court because the Hague Convention has become a means of legislated kidnapping," Baggot said.
She has a funny way of framing that.
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Old 09-14-2016, 10:54 AM
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What a load of BS in this quote

Quote:
On appeal, however, Divisional Court reversed that decision after finding their usual home had changed before their mother refused to allow them to go back to Germany and the Hague Convention did not apply.

"I have considerable sympathy for the mother, who obviously feels strongly that it is in her children's best interests to remain in Canada," Justice Robert Sharpe wrote for the Appeal Court. "I also recognize that the children have now been in Ontario for more than three years, and that moving them back to Germany is likely to be difficult."
So Canadian that go to work overseas for a few years, should be given citizenship because their habitual home has changed?
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Old 09-14-2016, 11:09 AM
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Yeah, I read that part like you did as well - kids were only in Canada for more than three years, because Mom essentially abducted them, in the first place, when she wouldn't return the kids originally.

$$$

Going all the way to the Supreme Court, to try and get the okay, for her abduction.
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Old 09-14-2016, 12:04 PM
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Custody was transferred to the mother, she didn't abduct them.
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Old 09-14-2016, 12:08 PM
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Custody was "temporarily" transferred to the mother, per agreement. So yeah, she essentially did "abduct" them when she kept the children in Canada, and wouldn't return them.

Quote:
Balev and Baggott separated in 2011 and the father was given interim custody, according to the Court of Appeal. In April 2013, however, the couple agreed Baggott would take the children to Canada to attend school, and Balev signed a letter transferring custody temporarily to her. The mother and children left most of their belongings in Germany when they came to Canada.
A year later, Balev began trying to get the children back. The mother refused.
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Old 09-14-2016, 12:10 PM
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They are Canadian citizens, and he agreed they would return to Canada and be in school here. There is no detail on how long the temporary custody was to last, and the court itself identified that the decision to send them back was made on grounds other than best interest of these particular children involved in the case.
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Old 09-14-2016, 12:15 PM
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Are we reading the same article?

Again, the agreement was temporary, as the children were born in Germany, and Father had interim custody.

Quote:
The court also agreed the parents intended the Canadian visit to be temporary — and the children believed it would be — and Baggott breached Balev's custody rights by keeping them in Ontario against his wishes.
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Old 09-14-2016, 12:22 PM
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I know right.....considering the article stated it in black and white. We all know there are many people in this country that don't even consider visible minorities born in Canada as "Canadians".

New laws currently in effect will see Canadians (not born here) with dual nationality being evicted if they ever did something wrong.

Quote:
The children, born in Germany in 2002 and 2005 and mostly raised there, are Canadian citizens.
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Old 09-14-2016, 12:23 PM
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One of the CanLii case references, for some history:

http://www.canlii.org/en/on/onscdc/d...ocompletePos=1

Last edited by dad2bandm; 09-14-2016 at 12:30 PM.
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Old 09-14-2016, 12:28 PM
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As per usual, there is more to the story, than media (especially when it comes to the CBC, makes available), as it seems for some strange reason, the father had 2nd thoughts of the temporary custody, and there was a lot of [we got back together, but then were apart in Germany] a few times" but;

The father specifically specified:

Quote:
The respondent executed a letter confirming his consent dated April 2, 2013, which provided as follows: Be advised that I, John Balev, a Canadian citizen and permanent resident of Germany, August – Babel – Str. 35, 63303 Dreieich, herewith temporarily transfer physical custody of our minor children… to their mother… until 15 August 2014.
I give permission for the children to travel with their mother to Canada and reside there as stated above. This permission may be subject to extension.


Last edited by dad2bandm; 09-14-2016 at 12:33 PM.
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