A B.C. Supreme Court judge has ruled a mother involved in a child-abduction case is allowed to keep her children in B.C.
A court ruling describes it as an unusual international child abduction case.
A father argued his two children, aged 13 and 8, should be returned to Spain, despite them having lived in Canada for over thirty months.
But the judge says since the petition was filed more than one year since their “wrongful retention,” she found the children are now settled in B.C., and will not be ordered to return to Spain.
Says the Honourable Madam Justice Young in her decision:
“This is an unusual international child abduction case because the remaining parent consented to the children leaving their resident state two-and-a-half years before the petition was filed. The petitioner says that the children are being wrongfully retained in Canada, and should be returned to Spain despite the fact that they have resided in Canada for over thirty months at the time of the hearing. The date of the wrongful retention is relevant because, if it is over one year before the petition was filed, the court can consider other factors, including whether the children are now settled in Canada. If it has been less than a year between the wrongful retention and the filing of the petition, the court has no discretion but must return the children.”
The father is an Israeli citizen, and the mom, a Canadian citizen only.
The pair met in Spain while the mom was on vacation and raised their children there.
But in November 2012 the man , only identified as S.M.B., was arrested and charged with trafficking in marijuana.
He was sent to prison for 3 1/2 years.
The mom, identified as A.J.M., saw her permanent residency in Spain expire, meaning she was no longer legally able to work there.
She determined it was in her family’s best interests to move to B.C. to live with her parents.