N. v. F., 2021 ONCA 688 (CanLII) discusses the differences between the Ontario and United Arab Emirates (“UAE”) courts with respect to the best interests of the child. This decision granted a stay pending appeal to the Supreme Court of Canada with respect to the mother’s appeal from the Court of Appeal’s recent decision in N. v. F., 2021 ONCA 614.
The parties married in 2012 and resided in Dubai for 8 years. Neither of the parties or their two children are UAE nationals. In June 2020, the Mother travelled with the children to Ontario. A month later, she informed the Father that she and the children would not be returning to the UAE and shall remain in Ontario. The Father imminently commenced proceedings in Ontario in which he sought the return of the children pursuant to s. 40 of the Children’s Law Reform Act (“CLRA”). In the Mother’s response, she asserted that the Father’s application should be dismissed and the court should issue a parenting order in Ontario pursuant to s. 22 or s. 23 of the CLRA.