What is the effect of a stay of execution on a motion to allow a child to move to the United States?
British Columbia, Canada
The following excerpt is from T.M.W. and R.W. v. N.L.W. and K.W., 2005 BCPC 342 (CanLII):
With respect, I do not find that this is an absolute rule. The conclusion to be reached is dependent on the facts of each case. In Berrie v. Rollins, supra, for example, failure to grant a stay would have meant that the child, an eight year old boy, would have been taken out of Canada to live in the United States. In K.V. v. T.E., supra, the child in question was three years old and a move to the United States was also contemplated.
In Poulin v. Poulin, supra, Rogers J. wrote, at paragraph 10: "As a general proposition however, a judge proceeding… on a stay application of a custody order will be less concerned with the merit of the appeal and more concerned with how the stay would affect the child’s best interests."
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