Hague Convention, Habitual Residence and Parens Patriae

The parties married in an Islamic wedding ceremony in England, subsequently married legally in Ontario, and have a young son together. In the two years after the child’s birth, the family traveled extensively, splitting their living arrangements for a few months at a time between Pakistan, Ontario, and England. They lived in Ontario for less than a year then went to stay in Pakistan where the father intended to build a business. The family planned to eventually return to live in Ontario. While in Pakistan, the mother took the son to stay with her parents. Once the father learned that she had taken him to England, he reported the abduction, returned to Ontario, and commenced an application to have the child returned to Ontario. The mother began proceedings in England and received an ex parte order preventing the child’s removal from the U.K.
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Interim Custody – Motion to Change a Temporary Order for Custody & Access

The parties separated on March 11, 2014, however, a trial would not take place until February of 2016 to determine custody and access arrangements for their two young children on a final basis. After separation, the father remained in the matrimonial home near the children’s school in Hamilton and the mother moved in with her step-father in Burlington, which was much further from the children’s school.
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Critique Evidence of Expert Assessment is Inappropriate

The parties never married but had a toxic on-again/off-again relationship with significant domestic violence and substance abuse issues. They had a six year old son who had spent most of his life embroiled in the midst of their parenting dispute. The main issue at trial was whether the father should have overnight access since the boy lived primarily with the mother.
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