Are you dealing with a situation where a child has unlawfully been removed from your jurisdiction?
Jurisdiction issues can arise when parents reside in different provinces or countries. Our office has dealt with issues when one parent resides outside of Canada and there is a dispute about where the children should reside.
Parents cannot engage in self-help by removing children from their home country or residence. When a person decides to take a child from their habitual residence, it is important to move swiftly in having the child returned. This can include a parent who decides to take a child from one Canadian province to another, without mutual consent.
WHAT CAN I DO IF MY CHILD HAS BEEN REMOVED FROM CANADA WITHOUT MY CONSENT?
Removing a child from their home country, without mutual consent, requires immediate action. The mechanism used to address this problem is typically a Hague Convention Application. The Hague Convention is a treaty between Canada and 93 other countries for the safe return of children that have been removed from their home without the express consent of both parents.
Parents are able to move immediately in a local Canadian Court for an order returning a child from a foreign jurisdiction, subject to that jurisdiction being a member of The Hague Convention. Once the order is made in the Canadian Court, it can be enforced in the local jurisdiction where the child has been taken. Each country has their own Hague Convention enforcement procedures that may be unique.
Typically, the enforcement of the order is done with the assistance of the parent applying for the return of the child. For example, a parent may attend in the local jurisdiction to accompany the child home safely.
OUR APPROACH
Our office successfully represented clients in extra-jurisdictional matters. In one case, we represented a client against a high-handed father who attempted to proceed with a custody application in Michigan with no notice to our client. In addition, the father had scheduled a hearing to decide the issue of custody during a trip the child was supposed to take in Michigan. The scheduling of the hearing was a significant concern, because if he was successful at his hearing, he would be able to keep the child in Michigan and have the support of a Michigan Court order. This was done despite the child residing in Ontario for 12 years, with little to no regular parenting time with the father.
Within a few days of being retained, our office brought an urgent Motion seeking a finding that Ontario was the proper jurisdiction. We also sought to suspend the father’s parenting time to prevent the child from being in Michigan for the scheduled date of the hearing. The Court was persuaded and ordered Ontario as the proper jurisdiction to settle parenting issues. In fact, our client was awarded their legal fees against the former spouse. When the Michigan Court was served with the Ontario Court Order, they dismissed the application on the basis of the Order from the Ontario Superior Court.
Our office has handled matters involving Texas, Florida, Michigan, California, Kansas, and Illinois. If you have concerns about your former partner taking matters into their own hands, reach out for a consult today. It is imperative to move quickly in ensure the best possible outcome when dealing with extra-jurisdictional issues.