What are the serious issues of merit and emotional needs of the applicant in a motion to remove a baby from his mother's care?
Canada (Federal), Canada
The following excerpt is from Gijon Cortes v. Canada (Public Safety and Emergency Preparedness), 2006 FC 934 (CanLII):
Counsel for the applicant proposed a number of serious issues of merit and, in particular, the failure of the Removals Officer to consider the baby's emotional needs. He cited jurisprudence which can be distinguished by the age of the children involved which is one of the factors to be taken into account (see Munar v. M.C.I. 205, FC 1180 at paragraph 39).
He stressed on Canada's obligations under the U.N. Convention on the rights of the child (the Convention) but as stated by Justice Nadon, as he then was, in Simoes v. MCI 2000 CanLII 15668 (FC), [2000] F.C.J. No. 936 section 9(4) of the Convention envisages the possibility of separation in the context of deportation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Does a district court have the authority to proceed to the merits of an appeal where procedural issues are more complex than the merits issue? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is a serious medical need and what are some examples of serious medical needs? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
In what circumstances will the Court grant a temporary order to remove a child from the care of the child's biological mother? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
