What is the test for a parent's consent to travel to Taiwan for a visit?
Ontario, Canada
The following excerpt is from Hsu v. Liu, 1999 CanLII 19115 (ON SC):
[14] In Morgan v. Wood, supra, a father and mother resided in Ontario prior to, and after, separation. The mother then announced her intention to move to British Columbia with their child. The father made no objection. One month after the move, the father travelled to British Columbia to visit the child. Upon his return to Ontario, he applied for custody. The court found that the lack of objection by the father to the move by the mother amounted to consent or acquiescence, thereby rendering British Columbia the habitual residence of the child. The court held that it did not have jurisdiction. Once again, the distinguishing feature present in the case at bar is that there was no consent or acquiescence on the part of the mother to the child going to Taiwan for anything other than a visit.
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