All applications for the return of a child pursuant to the convention are intended to be brought to a quick resolution, Chaiton-Murray, an associate with Basman Smith LLP, writes in an article for the legal publication.
“To achieve this goal, a focus on timing at various stages is required by all parties and by the courts,” she says.
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty signed by Canada in 1980 that is incorporated into Ontario law as a schedule to s. 46 of the Children’s Law Reform Act, writes Chaiton-Murray. It facilitates the prompt return of children who have been “wrongfully removed” to their habitual residence, where appropriate custody and access arrangements can be made.
Once the clock starts ticking for a parent seeking the return of a child, they must act quickly to avoid any claim being made by the other parent that they have acquiesced to the child’s relocation, or otherwise consent to the removal in any way, says Chaiton-Murray.
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