Kerry K. Gearin

The Respondent Father brought a motion seeking a declaration that the Ontario court lacked jurisdiction over the custody of the child and requesting the recognition and enforcement of a Qatari custody order.

The Applicant Mother opposed the motion.

The court determined that while the child's habitual residence was Qatar due to the Mother's abduction, Ontario nevertheless had jurisdiction under section 22(1)(b) of the Children's Law Reform Act, as all six statutory criteria were met, including the child's substantial connection to Ontario and the balance of convenience.

The court declined to recognize and enforce the Qatari order, citing the Father's apparent forum shopping, conflicting foreign orders, and his failure to prove that Qatari law considered the child's best interests.

The Father's motion was dismissed.

A mother sought to have her two young children returned to her care under child protection supervision, or alternatively for generous access.

The children had been apprehended following allegations of physical assault by the mother.

The mother was charged criminally and subject to bail conditions prohibiting contact with the children.

The Society opposed access pending completion of a trauma assessment, citing the need to "better understand what is going on." The court ordered supervised access of a minimum of two hours twice weekly, finding that complete separation from the primary caregiver for over six months posed risks of emotional harm and that supervised access could protect the children while maintaining their only significant family tie.