Child Custody Battle Sparks International Dispute: Canadian Perspective

8 year old Shawn Goldman has been torn apart by his parents divorce. Four years ago he was taken by his mother away from his father in the US to Brazil without the father’s consent.

According to CNN, the mother died while giving birth to a child in Brazil she had from her second husband last summer. The dispute would have presumably ended there, but when Mr. Goldman flew to Brazil to collect his son, he discovered Bruna’s (his ex-wife) husband has petitioned to have Mr. Goldman’s name removed from Shawn’s Brazilian birth certificate, though he was born in New Jersey.

According to the Seattle Times, Mr. Goldman has spent over $360,000 trying to get his son back. The case has so far received significant international attention, but the Brazilian government has been slow in dealing with the matter, despite the 1980 Hague Agreement “which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return”.

From our perspective here in Canada, if you plan on taking a child out of the country, especially where there are child custody issues, there are legal family law issues that must be considered.  Not only are there international laws that may be applicable but also Canadian family law relating to custody and access issues. It is therefore imporant to consult a famly lawyer to discuss the legalities of escorting a child outside the jursidiction of his or her residence even if you have consent from the other parent.

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By tali - Last updated: Friday, July 17, 2009
Filed in Child Custody in Ontario, Divorce, Toronto Family Lawyers • Tags: , , ,


How is division of property dealt with for common law couples in Ontario?

Common law couples don’t have the same rights as married couples to share the property they bought when they lived together. What you brought into the relationship — for example,  furniture, household items and other items – belong to you.

Common law couples do not have the right to divide between them the increase in value of the property they brought with them to the relationship. If you did contribute to your spouse’s property you may have a right to it and, unless he or she agrees to pay you back, you can go to court and prove your contributions.

You can ask for spousal support if you have been living together for three years or if you have lived together for less time and have a child together.  If your spouse says “no” then you can go to court.

Child support also applies if you and your spouse have a child or children together.

Common law couples can sign a cohabitation agreement to protect their rights.

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By anna - Last updated: Wednesday, July 15, 2009
Filed in Common Law Marriage, Questions and Answers • Tags: