Ontario Civil

Conflict of Laws

Father never abandoned intention to have child return to Canada

Parties were married in India and lived in Ontario until parties travelled to India for five-month holiday in 2012. Parties had one child who was born in Canada. Mother stayed in India with child. Father returned to Canada. Mother commenced guardianship application in India. Father sought return of child from India. Mother brought motion to challenge jurisdiction of court. Mother argued child was habitually resident in India. Court had jurisdiction to deal with custody and access of child. Mother was directed to return child to Ontario within 60 days. Child was to reside with mother until matter was brought back before court. Father was to have liberal access. Father was prepared to pay child support of $396 and spousal support of $800 based on father’s income of $43,000. Father did not consent to or acquiesce in mother leaving with child to live with mother’s parents in India other than on temporary basis. Expectation was that mother would return with child to Canada after vacation. Father never abandoned intention to have child return to Canada.

Singh v. Saini (Jul. 10, 2013, Ont. S.C.J., K. van Rensburg J., File No. FS-13-77328-00) 230 A.C.W.S. (3d) 182.

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