Ontario civil | Family Law | Custody and access | Terms of custody order
Husband, who was Canadian citizen, went to Iraq for arranged marriage, sponsored wife and bought house for wife and himself. Wife had little education and spoke no English and when she came to Canada in 2013, she started English class and gave birth to couple’s child in 2014. Husband was employed by Department of National Defence and wife had been stay-at-home wife and mother. Parties broke up in 2015 and wife took child and went to shelter and father did not see child for while. Wife brought application for issues including taking child outside of Canada. It was found that mother would require father’s consent to take child out of country. Husband’s fear of being unable to retrieve child if child went to and was kept in Iraq was not theoretical one, because Iraq was not Hague Convention state. Absent that agreement, there had to be mechanism in place for parent who was seeking return of wrongfully removed child and it did not exist in this case. Accordingly, husband’s consent to obtain travel documents for child to travel outside of Canada would continue to be required.
Abdulhadi v. Ahmad (2019), 2019 CarswellOnt 308, 2019 ONSC 215, Tracy Engelking J. (Ont. S.C.J.).
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