Is there any case law where a court has considered that a child's development would be adversely affected if their mother left for Haiti?
Canada (Federal), Canada
The following excerpt is from Payen v. Canada (Citizenship and Immigration), 2007 FC 577 (CanLII):
Although the officer was not required to do so, he was open to request further evidence (Kim v. Canada, 2004 FC 1713). This issue was so important to the analysis of the children’s best interests, that it was unreasonable to state without sufficient evidence that their development would not be seriously compromised if their mother were to leave for Haiti.
I note that the jurisprudence clearly establishes that an officer does not assess the best interest of the child in a vacuum, as was done in this case. On this point, Décary J. stated in Hawthorne v. Canada, above, at paragraph 5:
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