What is the effect of establishing a home in another country where the parties are involved in custody proceedings in Canada?
Ontario, Canada
The following excerpt is from Wentzell-Ellis v. Ellis, 2009 CanLII 59154 (ON SC):
The case before me can be distinguished from that of Djemba v. Ekwe, 2009 CarswellOnt 2930, where the parties established a home in Austria while they were involved in custody proceedings in that country before the mother and children left for Canada. In the case before me, I am of the view that the mother knew the marriage was over when she left England to visit her parents in Ontario. After he left Ontario in May 2009, after his visit, the mother took the steps to formalize her separation in June 2009. 7. Article 13 of the Convention
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