Child custody

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My son and his father are canadian citizens, I am a Sudanese citizen.He has taken my son to Abu Dhabi, UAE, without my consent.Sudanese court has granted me divorce and custody of my son.I want to ask how the canadian law can protect my son's right and what action I should take to encourage his father to return him to me.

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A Family Lawyer

10 years ago

I do not believe that custody orders and judgments of foreign courts such as an Ontario custody order is enforceable in the UAE. UAE courts may take the Ontario custody order into consideration, however the foreign order is not binding in the UAE. In addition, the UAE is not a signatory to the Interjurisdictional Support Orders Act and as such a support order cannot be enforced in UAE. If you are in Ontario and thinking about commencing an application to seek relief on the basis that Ontario is the child's habitual residence, I would be sure to speak with a lawyer in UAE and get those arrangements lined up so that once you have an order you will be able to enforce it. The UAE lawyer would advise beforehand whether the Ontario custody order may be enforced or not and that may save tremendous time and expense.

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