In what circumstances will the court return a child from South Africa to the United States?

Ontario, Canada

The following excerpt is from J.K. v. L.R., 2019 ONCJ 868 (CanLII):

In Mbuyi v. Ngalula, 2018 CarswellMan 539 (Man. QB), the court returned the child to Iowa, in the face of contested domestic violence allegations. The judge arranged for judicial communication with Iowa and it was clear that Iowa could grant civil protection orders, expedite hearings and make the necessary temporary orders to protect the mother.

In Brown v. Pulley, 2015 ONCJ 186, the court found that the domestic violence did not reach the level of grave risk of harm. The court found that the mother was also responsible for a large portion of the domestic violence and left her jurisdiction for tactical reasons, as opposed to a fear for her safety. Undertakings were sufficient to address any risk concerns.

Other Questions

When will a court order a primary caregiver to return with the child when the primary carer of the child is in another state? (Ontario, Canada)
In what circumstances will a court grant a motion to terminate child support on the basis that the child is no longer a child of the marriage? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
When a child is away from home for 8 months of the year, does the court have to determine child support for the child over the age of 18? (Ontario, Canada)
In what circumstances will a court refuse to allow a mother of two to move with her children to the United States? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father? (Ontario, Canada)
In what circumstances will the court allow a mother to change the child's residence 380 km (200 miles) away from the child’s current residence? (Ontario, Canada)
In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation? (Ontario, Canada)
What is the current state of the law on pit bull legislation in the United States? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.