Recently our office dealt with a matter where one of the parties wanted to travel abroad for a family member’s wedding with the 4 year old child.
It was a three week trip, nothing out of the ordinary, but for the fact that the party was not a Canadian citizen (was a Permanent Resident) and the country to which she was travelling was not a party to the Hague Convention.
The Hague Convention requires signatory countries to honour the court orders of other signatory countries. The goal of the Hague Convention is to essentially protect and galvanize a child’s right to have access to both parents. Despite the short duration of the proposed trip, our client had a number of concerns and did not want the child to travel. There was an application made in the Court of Queen’s Bench of Alberta to allow travel and our office vigorously argued against the trip in front of the Hon. Mr. Justice E. Wilson.
Upon hearing submissions the court weighed the fact that the traveling party was not a citizen of Canada, had very few ties to Canada and most importantly the country to which travel was proposed was not signatory to the Hague Convention. The presiding justice agreed with our position that there should be no travel permitted with the child and ruled in our client’s favour. A good result for our concerned client but the application also highlighted the importance the court places on the Hague Convention.
About Vogel LLP
Vogel LLP is a Calgary based law firm with expertise in Personal Injury, Family Law, and Estate Litigation. The lawyers at Vogel LLP are united by the common goal of delivering successful legal solutions to clients. Vogel LLP lawyers strive to solve their client’s problems in the most timely and effective way in accordance with the highest standards of practice and ethical conduct.