Buscador de jurisprudencia

The mother and father were each born in India. They married in India in 2010 and moved to Italy in 2011. They are now Italian citizens.

In August 2013 they had a son who was born in Italy and is an Italian citizen. The child lived in Italy his entire life until the mother brought him to Canada in September 2021.

The mother argued that the father was well aware of, and agreed with, the plans to travel to Canada. The father denied this and contended he was unaware of the mother had left.

In October 2021 the father made an application under the 1980 Hague Convention for the return of the child to Italy.

In February 2022 the mother submitted applications for refugee protection for her and the child.

Return ordered. The Court denied the mother’s requests for a stay and/or an adjournment of the return application proceedings on the basis of her applications for refugee protection.

Non-Convention Issues

To allow a parent’s refugee application for their child to stay Hague Abduction Convention applications for the return of wrongfully removed or retained children, would “drive a coach and four” through the Convention and gravely endanger achievement of those important objectives noted by the Supreme Court of Canada. It would significantly delay consideration of requests for return involving non-Canadian children. Even if the parent’s refugee application was unsuccessful, considerable time would pass before that determination was made. A haven would be created for parental child abductors. It would also provide an unfair advantage to parties entering Canada with non-Canadian children as a refugee claim cannot be made for Canadian children.