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Canada Case Law

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Family law 2018 BCSC 788

Silva v. da Silva

Court
Supreme Court of British Columbia

In a Hague Convention return application, the court found Luis mature enough for his views to be considered, but gave them limited weight and ordered his return to Portugal.

  • Hague convention article 13 child objection exception
  • Habitual residence
  • Custody and access
  • Child welfare
  • Maturity and weight of child's views
  • Hague-convention-child-objection
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Family law 2000 BCSC 592

Lloyd Blanchard v Ingrid A. Wuest

Court
Supreme Court of British Columbia

The court declined to order the child’s return on affidavit evidence alone, finding further proof was needed on California custody rights and grave risk of harm.

  • Custody
  • Habitual residence
  • Hague convention article 12 return
  • Wrongful removal
  • Grave risk defence
  • Foreign law proof
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.