BC Non Removal of Child In Family Cases including travel to India and China are attracting attention across North American family courts. We often use Jeremy Morley as an expert witness in our international child jurisdiction dispute cases. Our Vancouver and Surrey South Asian and Indian family law disputes lawyers team has a number of lawyers fluent in Punjabi who know the South Asian culture. Our team of Mandarin international family lawyers routinely handles BC non removal of child to China in family cases.
Vancouver Non Removal of Child To India In Family Cases Tel: 604 602 9000
Hague & International Child Cases: Lorne MacLean, KC is a fellow of the prestigious International Academy of Family Lawyers (IAFL) and specializes in UHNW international family matters, as well as international Hague Convention and non-Convention international child custody and parenting disputes, including those involving wrongful removal.
Fraser MacLean’s selection as one of Canadian Lawyer’s Top 25 Most Influential Lawyers recognizes a career defined by high-stakes advocacy, precedent-setting work, and a deep commitment to client service. He has appeared at every level of court in British Columbia, including the Court of Appeal. MacLean Law
Hague & International Child Cases: Fraser MacLean works with Lorne MacLean, KC and other team members on complex and international family law cases, including Hague Child Abduction cases, where habitual residence is a critical issue in determining where custody and parenting matters are decided.
Together, both lawyers bring deep expertise to non-removal and Hague Convention cases — from obtaining urgent court orders preventing children from being taken out of jurisdiction, to navigating complex multi-country disputes involving habitual residence determinations and wrongful retention. Their firm, MacLean Law, operates across BC and Calgary and is consistently ranked as a Tier 1 family law firm in Canada.
BC Non Removal of Child To China In Family Cases
MacLean Law set precedent in Zhang v Chen in a disputed removal of children to China dispute.
The court held for our client in preventing her husband from taking the children to China and the Court considered that China is a non-Hague Convention signatory and that significant hurdles could arise if the children were involved in a parenting dispute there (Zhang v Chen, [32]). The court suggested that safeguards against this concern should be brought forward in a subsequent application (Zhang v Chen, [32]).
Ultimately, the court declined to order parenting time in China at that time, finding it was not in the best interests of the children (Zhang v Chen, [29]). However, it left open the possibility of summer parenting time in China if further information became available (Zhang v Chen, [29]). The court directed that the issue of further parenting time, including overnights and location, be revisited after the completion of a section 211 report or if circumstances change (Zhang v Chen, [35]).
Non Removal of Child To India In Family Cases Tel: 604 602 9000
We have won non removal of children from BC cases on a number of occasions dealing both with travel to Hague signatory nations and non Hague Signatory nations.
Best International Family Lawyers
Lorne MacLean KC is a member of the invitation only prestigious International Academy of Family Lawyers IAFL.
A recent USA case provided a tight summary of problems with allowing a child to travel from British Columbia to India in the midst of a high conflict parenting dispute.
Vancouver and Surrey South Asian and Indian Family Law Disputes Lawyers
In Bhardwaj v. Sud, 2024 WL 1154329 (Court of Appeals of Minnesota, March 6, 2024 the court disallowed travel of a child to India and concluded as follows:
“Morley presented as a preeminent authority in the areas of international custody disputes and abduction matters—the public policy components motivating both Indian and United States policies, the practical impacts of how these policy choices play out in specific cases involving international custody disputes, and the ways in which the resulting risk of child abduction can lead to one of the worst forms of child abuse. The Court found Morley’s testimony credible and helpful in deciding this case as to the issue of parenting time, and abduction risks, as well as Indian law pertaining to the issue of custody, parenting time, and implementing/adopting a foreign Court order…
Morley testified that he routinely advises similarly situated persons as Father to avoid litigation in India as any litigation would likely be extremely expensive and extraordinarily slow, and a positive result is usually impossible to obtain. Morley further advised that litigation in India often involves many cases once the first case starts, and there are typically multiple proceedings initiated in both, civil and criminal, jurisdictions. Morley cautioned that litigation in India is subject to extreme delays. The Court finds that any litigation in India would be protracted.
The Court finds that enforcement of this Court’s orders in India is questionable at best. The Court’s finding is based on Morley’s testimony that there is no provision of Indian law that requires or authorizes an Indian court to respect any continuing jurisdiction of a court in another country where a child was previously habitually resident. There is no provision for the registration of foreign custody orders. There is no law that is equivalent in any way to the Uniform Child Custody Jurisdiction and Enforcement Act concerning exclusive and continuing jurisdiction. According to Morley, pursuant to India law, this Court’s order would merely be a factor to consider as part of a de novo custody matter…
Morley explained that filing of criminal charges is a strategy employed by litigants such as Mother and has even been deemed by the exasperated Supreme Court of India as ‘legal terrorism’…
Morley offered that when the child is retained in India, criminal proceedings supply another barrier making it more difficult for the left-behind parent to come to India to participate in the proceedings.” (emphasis added).
BC Non Removal of Child In Family Cases
If you need top international family lawyers for your BC Non Removal of Child In Family Cases dispute call us now.
