In what circumstances have courts found that a parent unilaterally removed her children from Canada without the consent of the parties’ consent?
Ontario, Canada
The following excerpt is from Thomas v. Wohleber, 2020 ONSC 1965 (CanLII):
In Onuoha v. Onuoha, 2020 ONSC 1815 (S.C.J.), Madsen J. dealt with a Hague Convention case where a parent from Nigeria had unilaterally removed the parties’ children to Canada. Despite the obvious concern raised by the international kidnapping, and the potentially unfair status quo that may arise from a lengthy adjournment with the children in Canada, Madsen J. found that the case failed to meet the test of urgency. Her reasons were both practical and principled.
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