What is the credibility of a party seeking to return a child under the Article 13 (b) exception?
Ontario, Canada
The following excerpt is from Brown v. Pulley, 2015 ONCJ 186 (CanLII):
[163] The credibility of the party seeking the Article 13 (b) exception is an important determinant in whether the children are to be returned. The quality and quantity of the evidence of the alleged violence and the credibility of witnesses is also important. See: Husid v. Daviau, 2012 ONSC 547, affirmed at Husid v. Daviau, 2012 ONCA 469.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that there is an "exceptional exception" where the child is not considered to be a party to a claim of sexual assault? (Ontario, Canada)
What is the test for an Article 13(a) exception to a summary return of a child? (Ontario, Canada)
Is it possible for a party seeking to impute income to get to the first step, laying the evidentiary foundation, where the party against whom they are seeking to be imputed makes little or no financial disclosure to the court? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the impact of adding a party to the list of parties in a child protection application? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
What is the burden of proof against a party who is not a party to the birth of the child? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
When parties have joint custody of a child, can the child attend English-only primary school? (Ontario, Canada)
