Onuoha v. Onuoha

The Ontario Court has provided insight into determining whether an alleged abduction of the couple’s children by the mother from Nigeria to Ontario fell into the urgency category to enable the case to proceed. While at first blush the case involving a kidnapping would appear to meet the Ontario Court’s criteria. However the case was determined not to be urgent in the face of the Government of Canada travel restrictions due to the COVID 19 Pandemic. The Court reasoned that there was a greater risk in having children travel internationally at this time. The Court stated that the father had been diligent in pursuing the return of the children so no status quo would be created. Counsel for the mother also advised the court that she was exhibiting COVID 19 symptoms, and was of the opinion that an agent should not attempt to argue the motion. The case was rescheduled to June 2020.

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