Is a motion to stay an order that the mother forthwith return the children to Egypt pending her appeal?
Ontario, Canada
The following excerpt is from H.E. v. M.M., 2015 ONCA 244 (CanLII):
This is a motion to stay an order that the mother forthwith return the two children of the marriage to Egypt pending her appeal and a cross-motion by the father for security for costs. In such cases, the best interests of the child must prevail and must be the paramount consideration: Thomson v. Thomson (1994) 1994 CanLII 26 (SCC), 3 S.C.R. 551 at para. 40. It follows that the criteria on a stay application must be assessed from the point of view of the best interests of the child.
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