Can a signatory state make an order to protect a child under Article 13(b) of the Convention on Human Rights?
British Columbia, Canada
The following excerpt is from L.P.B. v M.R.G, 2018 BCSC 1275 (CanLII):
In any event, there is a very real difficulty for the mother’s position on Article 13(b) in that a court in Nice can do the necessary to mitigate the risks if it finds them to exist. Having found that the child has been wrongfully removed, I presume that a signatory state — particularly one with such a highly developed legal system as France — can make orders to protect a child if a judge is persuaded of the basis for the making of such orders. See Sampley v. Sampley, 2015 BCCA 113 at paras. 38-41.
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