I recently represented the successful applicants in a complex and sensitive family law case involving the primary residence and decision-making authority for a young child. This case underscores the court's paramount consideration: the best interests of the child.
The case centered around a young child whose mother tragically passed away after arriving in Canada from Iran. The applicants, the child's maternal aunt and uncle, and the respondent, the child's biological father, both sought primary residence and sole decision-making authority.
The court was tasked with determining who could provide the best environment for the child's upbringing and well-being. The fact that the aunt and uncle wished to relocate with the child to The Netherlands, while the father wished to remain in Canada, or, failing that, return to either Iran or the UAE, added additional layers of complexity.
An aspect of the case involved allegations of domestic violence between the deceased mother and the respondent father. The aunt and uncle reported intimate partner violence by the father against the mother while she was alive. The court found that the father's removal of the infant from his mother at only 16 days old "[the epitome] of emotional harm, possibly physical harm, and most certainly domestic abuse".
In making its decision, the court prioritized the child's welfare above all other factors, including the biological parent's claim and the issue of domestic violence. The court considered ability of each party to provide stability and support, the child's specific and unique emotional and developmental needs, and which party stepped up when given the opportunity to do so.
Ultimately, the court ruled in favor of the applicants, granting them permission to relocate to The Netherlands. The decision was grounded in the court's determination that this arrangement would best serve the child's long-term interests despite any short-term hardships.
This case highlights the complexities of family law, and the difficult decisions courts must make. It also demonstrates that Phillips Barristers commitment to advocating for our clients by first advocating for the best interests of their children.
In this case, my child-centric approach was central to the applicant's success.
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