What is the burden of proving on a balance of probabilities that removal or retention of a child was wrongful?

Alberta, Canada


The following excerpt is from deHaan v. Gracia, 2004 ABQB 74 (CanLII):

In Friedrich v. Friedrich, 983 F. 2d 1396 at 1400 (6th Cir. 1993) held that a Hague Convention applicant has the legal burden of showing on a balance of probabilities that the removal or retention of a child was wrongful, that is, that there was removal from or retention outside the child’s habitual residence.

Other Questions


What is the burden of proving on a balance of probabilities that the assumptions were wrong? (British Columbia, Canada)
What is the burden of proving on a balance of probabilities that the applicant was suffering from a disability in May 2013? (Ontario, Canada)
What is the burden of proving failure or refusal on the balance of probabilities? (British Columbia, Canada)
Does a party who attacks a will by alleging fraud have the burden of proving the will invalid on a balance of probabilities? (Ontario, Canada)
What is the burden of proving on a balance of probabilities to a police officer in a residential unit? (Ontario, Canada)
What is the burden of proving that a party to a child was not aware of the consequences of the child’s parents’ actions? (British Columbia, Canada)
What is the test for determining where a child was habitually resident at the time of the child's removal and retention? (Ontario, Canada)
When making a determination of habitual residence of a child who was removed from the care of the child by the Court of Appeal in 2010, is it improper to rely on facts arising from the wrongful removal of the children? (Ontario, Canada)
What is the burden of proving that an adult child remains a child of the marriage? (British Columbia, Canada)
What is the burden of establishing, on a balance of probabilities, the elements of section 15 discrimination? (Canada (Federal), Canada)