Canada Case Law

W.L. v. G.W.

Court

Supreme Court of British Columbia

Applying the best‑interests framework the court imposed a detailed, predictable holiday and parenting schedule and ancillary measures to minimize conflict and protect the child's stability: grant respondent regular BC parenting blocks and structured summer/winter/spring allocations, maintain joint guardianship with mediation for disputes, limit broad documentary disclosure while ordering targeted information exchange (RESP year‑end statements, medical and activity details), require third‑party processing and custody protocol for the child's passport, permit specified short cross‑border ground…

Source excerpt

• Parenting time
• Parenting responsibilities
• Holiday schedule
• Relocation and school change
• International travel and passports
• Video parenting time

Read case analysis

Beri v. Sachdeva

Court

British Columbia Court of Appeal

Although the chambers judge erred in finding clear and cogent acquiescence under Article 13(a), her factual findings regarding prolonged, serious domestic violence and ongoing threats were entitled to deference and provided a reasonable basis to conclude, under Article 13(b), that returning the children to California would expose them to a grave risk of harm or an intolerable situation; applications to adduce fresh evidence were properly dismissed as unnecessary to alter that conclusion.

Source excerpt

• Hague convention article 13(b) grave risk
• Hague convention article 13(a) acquiescence
• Admissibility of fresh evidence on appeal
• Standard of review for mixed fact and law

Read case analysis

C.A.R. v. C.D.P.R.

Court

Supreme Court of British Columbia

The court dismissed a Hague Convention return application, finding the child’s habitual residence remained in British Columbia and, alternatively, that acquiescence and child objection applied.

• Habitual residence
• Wrongful retention (article 3)
• Article 13 exceptions (consent/acquiescence, grave risk, child objection)
• Child views and maturity
• Procedural timing and non‑removal orders
• Habitual-residence

Read case analysis

Kirby v. Woods

Court

Court of Appeal for Ontario

Costs decision in a family appeal: the Court of Appeal held the successful mother was entitled to costs, and fixed them at $80,000 in total.

• Child return
• Refugee status
• Hague convention
• Costs on appeal
• Pro bono representation and costs
• Admissibility of fresh evidence

Read case analysis

Ahmed v. Abdelmoaein

Court

Court of Appeal for Ontario

The stay was denied because the mother's proposed appeal did not raise a serious issue meeting the Supreme Court leave threshold, she failed to establish irreparable harm and the balance of convenience favored return to the child's habitual residence in the U.K.; the Court confirmed and incorporated the father's undertakings into the return order and held the Superior Court interim-interim order moot.

Source excerpt

• Hague convention
• Habitual residence
• Consent and acquiescence (art.13(a))
• Stay pending appeal
• Undertakings
• Non-removal orders

Read case analysis

Kirby v. Woods

Court

Court of Appeal for Ontario

The application judge erred by failing to apply the rebuttable presumption arising from the RPD refugee determination and by improperly dismissing the child's clear and independent objection to return; the RPD's findings required deference and, absent case-specific rebuttal established on the record (including via oral evidence and cross-examination), the child could not be ordered returned; appeal allowed, order set aside, matter remitted to Superior Court and interim parenting orders granted.

Source excerpt

• Hague convention art.13(b) grave risk
• Hague convention art.13(2) child's objection
• Rebuttable presumption arising from irb refugee determination
• Non-refoulement
• Deference to administrative tribunal (irb)
• Jurisdiction under s.23 clra

Read case analysis

S.S.C.M. v. A.C.W.

Court

Supreme Court of British Columbia

La Cour rejette la demande visant à permettre du temps parental au Texas et maintient l’ordonnance empêchant le retrait de la Colombie-Britannique, en raison d’un risque de rétention ou d’enlèvement.

• Parenting time
• Non-removal order
• Wrongful retention
• Jurisdiction
• Best interests of the child
• Costs

Read case analysis

J.D.D. v. S.W.

Court

Supreme Court of British Columbia

The court dismissed a protection order application, made mutual non-removal orders, adjourned exclusive occupancy, and set interim parenting and conduct orders.

• Protection orders
• Non-removal/relocation
• Exclusive occupancy
• Interim parenting time
• Mcfd involvement
• Police enforcement

Read case analysis

G.E.I. v. C.G.B.

Court

Supreme Court of British Columbia

The court allowed the child to remain in Ottawa, varied prior orders, expanded Ms. B’s parenting time on a phased basis, and imposed passport restrictions.

• Relocation under divorce act
• Variation of parenting time
• Best interests of the child
• Notice requirements s.16.9
• Family violence allegations
• Travel document restrictions

Read case analysis

Ahmed v. Abdelmoaein

Court

Court of Appeal for Ontario

The appeal is allowed because the application judge erred by conflating consent to an eventual relocation with consent or acquiescence to the child's retention on September 28, 2023; the appellant did not consent and immediately objected and initiated Hague proceedings, so Article 13(a) does not apply; the child must be returned to the United Kingdom (habitual residence) and the appellant's undertakings are incorporated into the return order; costs fixed at $20,000.

Source excerpt

• Hague convention
• Consent and acquiescence
• Habitual residence
• Return of child
• Article 13(a) exception

Read case analysis