Lombardi v. Mehnert
Alleged Child Abduction and the Hague Convention
In the Province of Ontario family law case of Lombardi v. Mehnert, the mother of a child took her child away from an allegedly abusive father and moved into a shelter in New York, not far from where the couple lived. The father allegedly violated court orders and contacted the woman at the shelter where she was staying with the child. In front of police, he threatened her and was arrested. The mother then moved herself and the couple’s child to Ontario, Canada.
In this case, the father attempted to use the Hague Convention on Civil Aspects of International Child Abduction laws to claim the child was abducted from the United States. However, the court ruled against him, using the same Hague Convention rules. Citing Article 13, clause (b) of the Hague Convention, the Court determined that the mother did not abandon the United States immediately in order to maintain custody of the couple’s child. In fact, the woman tried to stay in the United States by living in the shelter until the man threatened her there, making her move out of the country legal.
Hague Convention
The Hague Convention is a group of laws that cover a variety of international issues from legal and business procedures to money considerations, when the issues involve more than one country. The Hague Convention on Civil Aspects of International Child Abduction considers bringing a child improperly into a country from another country. In child abduction cases in which a child is taken across country borders, the legal authority rests with the country in which the child was taken to when abiding by the Hague Convention.
Ontario International Child Abduction Laws
When a child is removed from his home country to reside in Ontario and abduction is alleged, there are several ways a custodian of the child may proceed. The legal custodian should contact either the Central Authority of his home country or the Central Authority in Ontario and make a request to return the found child back to his home country.
The Central Authority must then contact a qualified family law lawyer in the Province of Ontario. That lawyer must then file paperwork with the Ontario court. The qualified family law lawyer must request three things from the Court:
- An order for Ontario law enforcement to pick up the child
- A hearing date
- An order that the child be returned to his home country and custodian.
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