In what circumstances will a judge order custody to the mother, specified access to the father and non-removal order?
Ontario, Canada
The following excerpt is from Ffrench v. Williams, 2011 ONCJ 406 (CanLII):
[123] In Canabate v. Ayala, I found that there was a genuine lis with respect to both the custody-and-access and non-removal issues. I found it to be in the children’s best interests to order custody to the mother, specified access to the father and a non-removal order, which the mother could apply to remove on 48 hours notice, if her deportation was about to be executed. I also made the following statements in paragraphs [58]-[60] that apply equally to this case:
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