Canada: Court of Appeal for Ontario

I have concluded that the evidence establishes that the children would, on a balance of probabilities, suffer serious harm if returned to their habitual residence of Kuwait. Ontario therefore may and should exercise jurisdiction to determine custody and access. I have also concluded that it was an error to order the return of the children pending the determination of their refugee claim.

29 July 2020 | Judicial Body: Canada: Court of Appeal for Ontario | Document type: Case Law | Topic(s): Children's rights - Children-at-risk - Physical harm - Refugee status determination (RSD) / Asylum procedures | Countries: Canada - Kuwait