The Long Arm of a Calgary Lawyer
Calgary’s Judicial community took notice of a recent win for child custody lawyer Brian Warrington.
Acting for the wife, Mr. Warrington enabled the transfer of the divorced couple’s children from an African country directly to Alberta. Involving an unusual legal step, Calgary’s family court assumed jurisdiction, despite the fact the children were not living in Canada. Mr. Warrington’s research, submitted in an expansive brief, and remarked upon at length by the presiding Judge, demonstrated that not only could Alberta take jurisdiction, legally, it should do so. Upon noting that the Father was a resident of Calgary, that one of the children had a Canadian passport, the Father was unable to provide a clear answer to the Judge as to why the children could not return to Alberta.
Said Warrington “…actually it wasn’t as difficult as it sounds. The Father, and we don’t know why, could not agree as to how the children should be returned. I believe he felt the children might be abducted. But he did not oppose Calgary as the jurisdiction. So, with both Guardians assenting to Calgary as the jurisdiction of the children, a Calgary court was the appropriate authority; despite the geographical distance”.
Apparently unsatisfied with the Father’s answers, the presiding Judge quoted at length from Mr. Warrington’s child custody brief. Citing the unstable situation where the Mother and children were located, and the age of the children, the Judge issued an Order by which the Mother and children are to first fly to Egypt, a signatory to the Hague Convention, then directly to Canada. Admonishing the Father, the Judge agreed with Mr. Warrington, summarizing the court appearance as unnecessary citing that it was not a matter of what the father wanted, or that this was might be a possible child abduction, but was instead about the “…best interests of the children”. The Judge went on, further specifying that the Father was to purchase flight tickets for the Mother and children immediately.
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a treaty which provides an expeditious method to return abducted children. Enforceable in Canada, the law’s intention is to preserve a child custody arrangement which existed before a wrongful removal The Convention applies only to children under the age of 16.
“In any other circumstance, the current locale of the children is that jurisdiction said Warrington. But with both parents wanting the children here, that means that by operation of law, Calgary is the jurisdiction, and not where they are now. The Mother and children should be in Calgary a week from today” added Warrington. “It took some child custody research and some explanation but the decision is the correct one and a good one”, said Warrington.