Getting a divorcee when children are involved can be so difficult. That difficulty is spotlighted and magnified when your spouse is from another country. An 8-year-old boy was brought back to Canada and his mother granted sole custody after the boy's father took him to Lebanon illegally. The boy was considered abducted by the authorities and the boy's mother.
In the Court of Queen's Bench, a justice granted interim custody. This will give her full custody of the boy until her ex-husband returns to Canada to face a criminal charge because he took the boy out of the country in 2014. The boy's mother is, of course, thrilled to have her son back and to give him a normal life.
The lawyer representing the mother initially asked that a prior court order granting her full and permanent custody of the boy be enacted, but the father's representative opposed this and told the court that the father intends to return to Canada in the coming months.
The abduction was actually a "re-abduction" because a Lebanese court agreement gave the mother in this case day-to-day care of the boy before his father kidnapped him. The father wants to redeem himself and says he plans to give evidence in court. The mother's lawyer said the man has made no plans to return and has given no word to anyone if and when he will be returning.
Given the outstanding criminal charge, it wasn't a surprise to anyone that the mother got sole custody. The key was always to look out for the best interests of the 8-year-old boy, giving him a chance of a normal life.
Are you trying to establish custody of a child because you and your spouse got a divorce? The court may have questions for you that you need to be prepared to answer. Doing your homework before you attempt this is important. If you need help with this, contacting a lawyer who has experience may be the answer.
Source: Calgary Herald, "Mother regains custody of boy in international parental abduction case," Jason Van Rassel, Aug. 05, 2015