Family law, Quebec, Quebec Court of Appeal, Rulings, Supreme Court of Canada
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Mother wins battle to move to France with children

A lower court ruling that prohibited a French mother of two from moving from Quebec to her native country under penalty of losing custody was recently overturned by the Quebec Court of Appeal.

In a unanimous ruling, the appeal court issued a warning to courts of first instance that they must be cautious when weighing the “undeniable contribution” of expert’s opinions and bear in mind that “questions over custody and the criteria of who should have right to custody are issues that also call for legal notions,” said Quebec Court of Appeal Judge France Thibeault.

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This story was originally published in The Lawyers Weekly.

A lower court ruling that prohibited a French mother of two from moving from Quebec to her native country under penalty of losing custody was recently overturned by the Quebec Court of Appeal.

In a unanimous ruling, the appeal court issued a warning to courts of first instance that they must be cautious when weighing the “undeniable contribution” of expert’s opinions and bear in mind that “questions over custody and the criteria of who should have right to custody are issues that also call for legal notions,” said Quebec Court of Appeal Judge France Thibeault.

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