Children’s habitual residence: Balev v. Baggott, 2016 ONSC 55

In April 2013, the parties separated and agreed that the Appellant mother would take the children to Ontario where the children would attend school. The Respondent father executed a consent letter whereby the children would have to return to Germany by August 15, 2014. The Respondent’s letter further granted the Appellant “temporary” physical custody of the children until that date. The children and the Applicant traveled to Ontario on April 19, 2013.
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Security for Costs in Custody and Access Disputes

The unmarried parties separated in 2009 after residing together for two years. They have a son together of whom the mother originally had temporary custody, and the father had extremely restricted access due to serious allegations the mother made against him. In 2012, the father was awarded custody and $11,500 in costs after the mother’s consistent dishonesty came to light during the custody proceedings. She was given generous access despite her deliberate attempts to alienate the child from his father. A further $20,000 in costs was awarded against the mother in 2014 following a contempt order and a suspected attempt to abduct the child from Canada.
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