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CUSTODY AND ACCESS - Considerations - Child’s preference - Hague Convention - Interpretation

Friday, April 20, 2018 @ 2:56 PM  

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. The application judge concluded that the children’s habitual residence in Germany and thus ordered their return. Both children were born in Canada after their parents moved from Germany. The family then moved back to Germany. The Mother returned to Canada with the...