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: , , ,


An 18 Year old’s Custody Battle Over Brothers due to Parents’ Divorce

An unnamed 18-year old Mississauga resident has entered a custody with his parents for full custody over his two brothers, ages 12 and 14.

The Toronto Star reported earlier this week that the young man is planning on taking his brothers away from the ” insanity” that has plagued his parents’ divorce proceedings, saying that his brothers are better off living with him on welfare with some subsidies from their parents than to remain in the toxic environment they’ve grown up in.

What has transpired over the course of the last few years sounds like an Orwellian novel.  The divorce proceedings that were involved in this case included  court-sanctioned “deprogramming” for the two young boys, who their mother claimed were being “brainwashed” against her by their father.

The lengths some people will go to hurt others during contested divorce proceedings can be a painful reminder that when you separate from your spouse,  there are others who often get harmed emotionally.  It is therefore important to involve a Family lawyer who understands not only the technical family law issues in divorce matters but also takes into account all parties, immediate and extended family included.

For more information about Divorce and Separation or any other family law matter, contact Niren and Associates Family Lawyers in Toronto at 416 222 4555 or email us at info@divorcesupport.ca

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By tali - Last updated: Sunday, June 14, 2009
Filed in Child Custody in Ontario, Divorce, Toronto Family Lawyers • Tags: , ,