Can a mother bring her children to Canada from Switzerland for a time-limited consensual stay?

Ontario, Canada


The following excerpt is from Balev v. Baggott, 2016 ONCA 680 (CanLII):

Time-limited consensual stays for educational purposes for periods of a year or more are now common. In Cornaz v. Cornaz-Nikyuluw, the mother brought the children to Canada from Switzerland to allow her to study for a year with the father’s consent. The father agreed to extend that period by six months. The mother refused to return the children to Switzerland at the end of the consensual period. Glithero J. ordered the return of the children, holding at para. 57: One parent cannot change the habitual residence of a child without the agreement of the other parent having custody rights. … The consent to the children being abroad for a particular purpose for a particular time period, but not beyond, in my view does not operate so as to effect a change in the habitual residence of the children.

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