In what circumstances will the court return a child from South Africa to the United States?
Ontario, Canada
The following excerpt is from J.K. v. L.R., 2019 ONCJ 868 (CanLII):
In Mbuyi v. Ngalula, 2018 CarswellMan 539 (Man. QB), the court returned the child to Iowa, in the face of contested domestic violence allegations. The judge arranged for judicial communication with Iowa and it was clear that Iowa could grant civil protection orders, expedite hearings and make the necessary temporary orders to protect the mother.
In Brown v. Pulley, 2015 ONCJ 186, the court found that the domestic violence did not reach the level of grave risk of harm. The court found that the mother was also responsible for a large portion of the domestic violence and left her jurisdiction for tactical reasons, as opposed to a fear for her safety. Undertakings were sufficient to address any risk concerns.
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