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Court orders 2 Canadian children to move to Germany with father

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  • 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


    "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."
    "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.

  • #2
    What a load of BS in this 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?

    Comment


    • #3
      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.

      Comment


      • #4
        Custody was transferred to the mother, she didn't abduct them.

        Comment


        • #5
          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.

          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.

          Comment


          • #6
            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.

            Comment


            • #7
              Are we reading the same article?

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

              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.

              Comment


              • #8
                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.

                The children, born in Germany in 2002 and 2005 and mostly raised there, are Canadian citizens.

                Comment


                • #9
                  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, 11:30 AM.

                  Comment


                  • #10
                    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:

                    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, 11:33 AM.

                    Comment


                    • #11
                      Reading through the CanLii case notes, wow...

                      In this consensual period, the change in habitual residence, if one occurred, resulted from the circumstances created by the appellant and respondent’s joint decision to move the children to Ontario for an extended period of time; it did not occur as a result of one parent’s unilateral action.
                      So, it seems it hurt the father, to consent to a temporary period of custody to Mother in Canada, even though it was made with an end-date? That seems to be how the Divisional court came to its conclusion.
                      Last edited by dad2bandm; 09-14-2016, 11:41 AM. Reason: Added thought.

                      Comment


                      • #12
                        I'd be interested in seeing the Appeals court CanLii reference, but can't seem to find it, as it would be the most recent one.

                        Comment


                        • #13
                          The latest "Appeals court" decision made it to CanLii, so here is the link, for anyone interested:

                          http://www.canlii.org/en/on/onca/doc...?resultIndex=2




                          In my respectful opinion, the Divisional Court’s decision would, if upheld, undermine the purpose and proper operation of the Hague Convention. To find that a child’s habitual residence can be changed by the unilateral actions of one parent during the period of a time-limited consensual absence undermines the purpose and efficacy of a carefully crafted scheme to deal with child abduction and wrongful retention. It renders time-limited travel consents essentially meaningless, and would allow one parent to lay the foundation for child abduction by obtaining a defined, temporary consent of the other parent to travel with the child.
                          Last edited by dad2bandm; 09-19-2016, 10:55 AM.

                          Comment


                          • #14
                            Originally posted by blinkandimgone View Post
                            Custody was transferred to the mother, she didn't abduct them.
                            Custody doesn't give you the right to move children. Never.

                            Comment


                            • #15
                              Going to do some reading on this one. Thanks dad2bandm for the CanLII links. Generally, I agree with the judge's position regarding agreements. If they are not respected and are temporary they should be seen as that by the court. The mother doesn't have the right to create a false status quo.

                              Comment

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