What is the test for a parent's consent to travel to Taiwan for a visit?

Ontario, Canada

The following excerpt is from Hsu v. Liu, 1999 CanLII 19115 (ON SC):

[14] In Morgan v. Wood, supra, a father and mother resided in Ontario prior to, and after, separation. The mother then announced her intention to move to British Columbia with their child. The father made no objection. One month after the move, the father travelled to British Columbia to visit the child. Upon his return to Ontario, he applied for custody. The court found that the lack of objection by the father to the move by the mother amounted to consent or acquiescence, thereby rendering British Columbia the habitual residence of the child. The court held that it did not have jurisdiction. Once again, the distinguishing feature present in the case at bar is that there was no consent or acquiescence on the part of the mother to the child going to Taiwan for anything other than a visit.

Other Questions

In what circumstances have courts found that a parent unilaterally removed her children from Canada without the consent of the parties’ consent? (Ontario, Canada)
What is the test for parenting time between the parents of a child and a non-custodial parent? (Ontario, Canada)
What is the test for determining whether a parent has the prima facie right to move a child from one parent to the other parent's custody? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
How have the courts in Taiwan dealt with the issue of parental consent to place a child with the paternal grandmother in Egypt? (Ontario, Canada)
Does Children’s Aid Society of Toronto have the authority to order that access visits from the parent be terminated or terminated? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
Is a parent’s relationship with the other parent of the child beneficial to the child? (Ontario, Canada)
Does a child's expressed wish to move from the custodial parent's home to the other parent’s home constitute a material change in circumstances? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.