When will a judge refuse to return a child to his wife's home in Tanzania?

Yukon, Canada


The following excerpt is from S.A.G. v. C.D.G., 2009 YKSC 21 (CanLII):

Similarly, in the case of Rajani v. Rajani, cited above, Backhouse J. refused to return a child to Tanzania on the ground that the child would suffer serious harm based on the husband’s physical and emotional abuse of his wife in Tanzania and the likelihood that he would continue it if she returned. The trial judge also found that the husband would intimidate the mother and psychologically abuse her in Tanzania in the child's presence. There was also evidence that the husband would use the custody order that he obtained in Tanzania to exclude the mother from the child's life.

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