Case Study
Case Summary
The Issue
Our client's wife moved their child from Durham Region to Toronto, changing schools without his knowledge or approval.
Our Help
KLG Barristers and Solicitors advocated tirelessly through several court appearances, emphasizing the child's need for stability and our client's parental rights.
Court Conclusion
Recognizing the child's best interests and our client's rights, the court ordered the child's return to Durham Region and granted the father full custody.
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Child custody
Introduction
Durham Region, with its blend of urban and suburban landscapes, had been home to our client and his family for years. It was where memories were made, birthdays celebrated, and daily routines established. It was, in every essence, the "habitual place of residence" for their child. However, the tranquillity of this familial setting was disrupted when the wife made a unilateral decision, one that would set the stage for a series of legal battles. Without the knowledge or consent of our client, she relocated the child to Toronto and took the additional step of enrolling the child in a new school. This act was more than just a change of address; it was a significant disruption in the child's life and a violation of our client's parental rights. Faced with this unexpected turn of events, he sought our expertise, hoping to restore stability to his child's life.
Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.
Background Durham Region, with its blend of urban and suburban landscapes, had been home to our client and his family for years. It was where memories were made, birthdays celebrated, and daily routines established. It was, in every essence, the "habitual place of residence" for their child. However, the tranquillity of this familial setting was disrupted when the wife made a unilateral decision, one that would set the stage for a series of legal battles. Without the knowledge or consent of our client, she relocated the child to Toronto and took the additional step of enrolling the child in a new school. This act was more than just a change of address; it was a significant disruption in the child's life and a violation of our client's parental rights. Faced with this unexpected turn of events, he sought our expertise, hoping to restore stability to his child's life.
The central issue revolved around the sudden and unauthorized relocation of the child from Durham Region to Toronto by the wife. This act not only disrupted the child's routine and familiar environment but also infringed upon the rights of our client, who had been kept in the dark about such a monumental decision.
With a clear understanding of the stakes, KLG Barristers and Solicitors sprang into action. We meticulously reviewed the circumstances of the relocation, the impact on the child, and the violation of our client's rights. Through multiple court appearances, we advocated for the child's return to the Durham Region, emphasizing the importance of the child's habitual environment and the need for both parents to be involved in major decisions concerning the child.
Our unwavering commitment and robust legal arguments bore fruit. The court recognized the significance of the child's habitual place of residence and the overreach by the mother in unilaterally relocating the child. The child was ordered to be returned to the Durham Region, and in a decision that underscored the importance of stable and consistent caregiving, the father was granted full custody. This outcome not only reinstated the child's familiar environment but also showcased KLG Barristers and Solicitors' dedication to upholding the rights of parents and ensuring the well-being of children.
KLG Barristers & Solicitors operates an environment wherein lawyers and paralegals collaborate in an associative manner as opposed to a partnership, enhancing the efficacy of our legal services.
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