Family law: Mother fights to have children returned to Canada

On behalf of Peterson Stark Scott posted in Family Law on June 24, 2019.

A mother is fighting to get her daughters returned to the country after their father removed them from the country after the couple’s marriage ended. Family law rules in British Columbia and in other provinces can be complicated when it comes to these types of issues, particularly when the laws of two countries come into play. A Canadian court has ordered the father to return the girls to Canada, but the issue is now before the court in the country in which the father and the girls are residing.

The children, who are now 11 and 6 years old, were new Canadian citizens at the time their father was supposedly taking them on an international trip to visit their ailing grandmother. Instead, he flew them to a country where the laws are mainly patriarchal and fathers are assumed to be the guardians of children when their parents separate. Children in this particular country are not protected by the Hague Convention on the Civil Aspects of International Child Abduction.

The mother convinced the father to bring the children to Morocco so she could see them. Morocco is a signatory on the Hague Convention rule. Because of international issues, the children are now grounded in Morocco, and their mother is fighting to get them out of that country and back to Canada. Meanwhile, her former husband is accusing her of child neglect and using the media to fuel her cause to get the children back.

These types of issues are complex, and legal guidance is crucial. A British Columbia family law lawyer may be able to provide help when what to do can be confusing and stressful. There are times when family law intersects with other areas of the law, and a lawyer may be able to explain to a client how that impacts his or her particular case.

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