In a domestic violence case involving a primary caregiver and her partner, is the primary carer required to return with the child?
Ontario, Canada
The following excerpt is from W.D.N. v. O.A., 2019 ONCJ 926 (CanLII):
In considering cases involving domestic violence, courts must be mindful of the presumption that the courts of another Contracting State are equipped to make, and will make, suitable arrangements for the child's welfare, which will implicitly include providing protection for a primary caregiver returning with the child. See: Finizio v. Scoppio-Finizio, supra, paragraph 34.
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