7Ob35/97s, Oberster Gerichtshof
L’enfant, un gar?on, ?tait n? au Canada, d’une m?re autrichienne et d’un p?re mexicain. Le p?re demanda le divorce en Juin 1995 devant une juridiction de Montr?al. Le 15 d?cembre 1995, la m?re saisit une juridiction qu?b?coise (Superior Court), qui lui donna provisoirement la garde de l’enfant. Selon cette d?cision provisoire, le p?re pouvait exercer […]
Kinnersley-Turner v. Kinnersley-Turner (1996), 140 D.L.R. (4th) 678 (Ont. C.A.)
The mother and father married in England in 1985 and divorced in 1988. Their one child, a girl, was born in 1988. Under the terms of a consent order issued by the English court, the mother was awarded custody and was also permitted to relocate to Canada. The father was granted access. The mother moved […]
The Ontario Court v. M. and M. (Abduction: Children’s Objections) [1997] 1 FLR 475
The children, a girl and boy, were 9 and 1 2/3 at the date of the alleged wrongful removal. They had spent all of their lives in Canada. On 26 September 1995 they were taken to England by their mother and father, (adoptive father in the case of the elder girl). On 3 October 1995 […]
Y.D. v. J.B., [1996] R.D.F. 753 (Que.C.A.)
The children, a girl and a boy, were 5 1/3 and 3 1/3 on the date of the alleged wrongful removal. They had lived in both Canada and the United States. The parents were married and had joint rights of custody. On 18 January 1996 the mother took the children to Canada, her State of […]
Szalas v. Szabo, [1995] O.J. No. 3632 (Gen. Div.)
The mother and father, Hungarian nationals, were married in Hungary in 1980. After they separated, the mother, with the consent of the father, took custody of their two children, a girl born in 1981 and a boy born in 1984. The father later remarried and emigrated to Canada in 1990. The two children visited the […]
Re Medhurst and Markle; Attorney General of Ontario Intervenor, (1995) 26 OR (3d) 178
The child, a girl, was 2 months old at the date of the alleged wrongful removal. She had lived in Germany since her birth, 16 December 1994. The parents were married and had joint rights of custody. In February 1995 the mother returned to Canada, her State of origin, with the child. In May 1995 […]
W., E. M. c. O., M. G., Supreme Court, June 14, 1995
The parents were Argentine nationals, who had married in Argentina. On March 1986 they traveled to Canada and lived at Guelph University in Ontario, where the father studied and worked. The child, a girl, was born in Canada on February 6, 1990, she was 4 at the date of the alleged wrongful retention until then […]
Chalkley v. Chalkley (1995) ORFL (4th) 422; leave refused [1995] SCCA No. 33
The children, both girls, were 14 1/3 and 2 1/3 at the date of the alleged wrongful removal. The older girl, a child from the mother’s previous relationship, had lived in Manitoba for the first eleven years of her life. The parties had married in Manitoba on 28 August 1990 and moved to England in […]
Hoge v. Hoge [1994] AJ No. 1036, (1994) 162 AR 397, (1994) 10 RFL (4th) 1
The two children of the marriage had lived in both Canada and the United States. The parents were divorced and the mother was initially awarded custody of the children, the father access. Thereafter the mother moved with the children to Montana in the United States. In 1993, due to the mother’s work constraints, the parents […]
Morris v. Poole, [1995] 6 W.W.R. 166 (N.W.T.S.C.)
Removal and Retention – Arts 3 and 12 The judge found that the child had been wrongfully retained in the Northwest Territories after the end of the summer 1994. The retention was in breach of the California court order of 21 July 1993, the father having not waived his rights as joint custodian except for […]