Because the trial judge found that the three Ojeikere children were habitually resident in Nigeria, despite their time in boarding schools and despite their abduction to Ontario, s. 22 (1)(a) of the CLRA provides no basis for an Ontario court to
assume jurisdiction over the children.
If Florida has
assumed jurisdiction over your child custody case, you must meet the standards in the UCCJEA to move the case to Georgia.
However, Louisiana's order and Louisiana state laws continue to govern the couple's child custody, except under certain circumstances, such as when the new state
assumes jurisdiction over the child.
Not exact matches
The ONCA held that the trial judge erred in failing to exercise his discretion to
assume jurisdiction under s. 23 of the CLRA, which allows the court to exercise
jurisdiction over a
child's custody where that
child is physically present in Ontario and would suffer serious harm if the
child is removed from Ontario.
The court held that the applications judge should have
assumed jurisdiction over the custody issue in light of the serious psychological harm that the
children would suffer if ordered to return to Egypt.