Canadian member of parliament writes judge to lobby for constituent
Larry Miller MP Bruce-Grey-Owen Sound letter to Justice Thompson, the presiding judge of The Superior Court of Justice - Ontario hearing a child abduction case under the Hague Convention
Canadian Children's Rights Council editor's note: we urge readers to not judge the child abduction case or the family law case. The letter below represents only 1 side of the case and is referring to the yet to be heard family law case.
It is the position of the Canadian Children's Rights Council that the ruling of the judge was correct because the child had lived it's entire short life in Australia except for 5 weeks in Canada. In addition, the family law case evidence is that the children can automatically become dual citizens of Canada and Australia by means of a simple application to the Australian government since one biological parent is an Australian citizen. The mother is allowed to live in Australia but the father is not allowed to live in Canada in this case. A decision to give custody to the mother in Canada would give the mother the ability to terminate the children's relationship with the father.
The judge found that the child's habitual residence was Australia and that was the jurisdiction for the family law case. The abductor parent was in a position to eliminate the 3 children ( 1 of which was the subject of this hearing) from the Australian father.
The Australian father was seeking joint custody by both parents in the Australian court immediately before the mother abducted the child to Canada. The Canadian judge ruled that the mother knew that he was seeking this and decided to flee Australia for the purpose of eliminating the father of the 3 children. The father is a step-parent to the oldest child, and the biological father of the woman's youngest child according to the court records. The youngest child, born in Canada after the abduction of the subject child, is eligible for dual citizenship as well.
The judge ruled that the mother, while living with the father, did not take any actions to report anything of concern to any Australian authority about any actions of the father. It is typical in family law cases for allegations to be made after separation or divorce to win custody of children.