What is the test for assuming parens patriae jurisdiction over two children in Saudi Arabia?
Ontario, Canada
The following excerpt is from Essa v. Mekawi, 2014 ONSC 7409 (CanLII):
In Johnson v. Athimootil, 2007 CanLii 41434 (ONSC); 49 R.F.L. (6th) 106, trial judge assumed jurisdiction under parens patriae powers because she was not convinced that there was another court which could or would have assumed jurisdiction over the children. In that case, like here, the family had moved from Canada to Saudi Arabia for the father’s new job. The parents and the three children were all Canadian citizens and lived in Saudi Arabia in a compound mostly for foreign families. Upon separation, the eldest two stayed with their father in Saudi Arabia and the youngest returned to Canada with her mother. The family had not integrated with Saudi Arabian society and their immigration status with the country was unknown. The trial judge found that while the children’s habitual residence was indeed Saudi Arabia, they had “a real and substantial connection” to Canada and that a legislative gap existed whereby it was possible that no court might assert jurisdiction over the two children in Saudi Arabia.
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