When one parent is subject to a deportation order, can the court order a non-removal order?
Ontario, Canada
The following excerpt is from Doyle v. Gebon, 2016 ONCJ 17 (CanLII):
In the case of Ffrench v. Williams, [6] Justice Sherr thoroughly reviewed the legal principles in parenting cases when one parent is subject to a deportation order as follows: (a) There must be a genuine lis for the court to exercise its jurisdiction to make a custody or access order. (b) There must be a genuine lis for the court to exercise its jurisdiction to make a non-removal order. (c) The family law process should not be used for the sole purpose of frustrating the deportation of persons who have been ordered removed from Canada pursuant to the relevant immigration legislation. (d) Non-removal orders are not to be made lightly. (e) Each case must be carefully examined on its facts.
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