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.
Not exact matches
In February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to
exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the
children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.»
It says that Montana courts can only
exercise jurisdiction over parenting and custody issues if Montana is the «home state» of the
child which requires that the
child has lived in Montana for at least six months at some point in the past.