Family Law Rules – RULE 37.2: INTERNATIONAL CHILD ABDUCTION

Angela Princewill

June 28, 2023

Application

37.2 (1) This rule applies to international child abduction cases. O. Reg. 320/22, s. 7.

Interpretation of rules

(2) For the purposes of subrules 2 (2) and (4), dealing with an international child abduction case justly includes applying these rules with a view to providing the timeliest and most efficient disposition of the case that is consistent with the principles of natural justice and fairness to the parties and every child involved in the case. O. Reg. 320/22, s. 7.

Prompt disposition

(3) An international child abduction case shall be disposed of promptly, and not later than six weeks after the case is commenced if Article 11 of the Convention on the Civil Aspects of International Child Abduction applies to the case. O. Reg. 320/22, s. 7.

Case management judge

(4) Wherever possible, a judge shall be assigned at the start of an international child abduction case to manage it and monitor its progress. O. Reg. 320/22, s. 7.

First meeting

(5) A first meeting of the parties with a judge shall be held not later than seven days after the case is commenced. O. Reg. 320/22, s. 7.

Same

(6) The clerk shall make best efforts to promptly notify the parties of the scheduling of the first meeting. O. Reg. 320/22, s. 7.

Same

(7) At the first meeting, the judge,

(a) shall set a timetable for the service and filing of further materials in the case, as well as a hearing date; and

(b) may make any further order the judge considers necessary. O. Reg. 320/22, s. 7.

Hearing

(8) Wherever possible, the hearing of the case shall be by the judge who attends the first meeting. O. Reg. 320/22, s. 7.