CASE

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Case Name

P. (N.) v. P. (A.), 1998 CanLII 9569 (QC CS)

INCADAT reference

HC/E/CA 1404

Court

Country

CANADA - QUEBEC

Name

Superior Court (Family court)

Judge(s)

Johanne TRUDEL , J.C.S.

States involved

Requesting State

ISRAEL

Requested State

CANADA - QUEBEC

Decision

Date

12 November 1998

Status

-

Grounds

-

Order

-

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

13(1)(b)

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SYNOPSIS

Synopsis available in EN

One child wrongfully removed at age 1 – National of Israel – Married parents  – Mother national of Russia – Joint custody rights – Child lived in Israel until August 1996 – Application for return filed in October 1998 – Return refused – Main issue(s): Article 13(1)(b) – there was a grave risk of psychological harm to the child, severe enough to invoke Article 13(1)(b), even though its cause is mostly related to the threat to the mother.

SUMMARY

No summary available