CASE

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Case Name

Solis v Tibbo Lenoski [2015] BCCA 508

INCADAT reference

HC/E/CA 1403

Court

Country

CANADA - BRITISH COLUMBIA

Name

Court of Appeal for British Columbia

States involved

Requesting State

MEXICO

Requested State

CANADA

Decision

Date

8 December 2015

Status

Final

Grounds

-

Order

Appeal dismissed, return ordered

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SYNOPSIS

Synopsis available in EN

Two children wrongfully retained at age 3 – Nationals of Canada and Mexico –divorced parents – Father national of Canada – Mother national of Mexico – Mother was primary carer and father had rights of access – Children lived in Mexico until 2014 – Return ordered and appeal dismissed – Main issue(s): Article 13(1)(b) – The argued risk of psychological harm to one of the children if returned to Mexico due to the lack of autism therapies was not sufficient to invoke the Article 13(1)(b) exception.

SUMMARY

No summary available