Kubera v. Kubera, 2008 BCSC 1340

JurisdictionBritish Columbia
JudgeMartinson, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterFAMILY LAW,COURTS,PRACTICE
Citation2008 BCSC 1340,[2008] B.C.T.C. Uned. 958 (SC),[2008] B.C.T.C. Uned. 958
Date14 August 2008
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4 practice notes
  • J.L. v. Director of the Child, Family and Community Service Act (B.C.) et al., [2010] B.C.T.C. Uned. 1234 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 1, 2010
    ...factor to consider when determining whether he is now settled in Canada. The petitioners cite the trial decision in Kubera v. Kubera , 2008 BCSC 1340, as an example of a court considering immigration status as a factor in the "now settled" determination. However, Kubera is distinguishable a......
  • Kubera v. Kubera, [2009] B.C.A.C. Uned. 19
    • Canada
    • Court of Appeal (British Columbia)
    • March 26, 2009
    ...return of his daughter, Julia, born 1 January 2000. [2] Madam Justice Martinson, in oral reasons for judgment given on 14 August 2008, [2008 BCSC 1340] held: "[5] I have reached the conclusion that Julia was wrongfully retained as at June 2004 as required by Article 3 of the Hague Conv......
  • Oncu v. Oncu, 2009 BCSC 829
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 22, 2009
    ...to Turkey. She attends school here and has a home with her father. In support of this position, Mr. Oncu relies upon Kubera v. Kubera, 2008 BCSC 1340. [20] Lastly, Mr. Oncu argues there is a grave risk of psychological harm to Melisa if she is returned to Turkey. She is now settled in BC an......
  • Medina v. Pallett, [2010] B.C.T.C. Uned. 259
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • February 26, 2010
    ...date of the trial and therefore this Court should not order the return of the Child. While I accept that the Court in Kubera v. Kubera , 2008 BCSC 1340 at para. 5, 60 R.F.L.(6th) 360, allows the Court to consider the situation of the Child at the date of the hearing when determining whether......
4 cases
  • J.L. v. Director of the Child, Family and Community Service Act (B.C.) et al., [2010] B.C.T.C. Uned. 1234 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 1, 2010
    ...factor to consider when determining whether he is now settled in Canada. The petitioners cite the trial decision in Kubera v. Kubera , 2008 BCSC 1340, as an example of a court considering immigration status as a factor in the "now settled" determination. However, Kubera is distinguishable a......
  • Kubera v. Kubera, [2009] B.C.A.C. Uned. 19
    • Canada
    • Court of Appeal (British Columbia)
    • March 26, 2009
    ...return of his daughter, Julia, born 1 January 2000. [2] Madam Justice Martinson, in oral reasons for judgment given on 14 August 2008, [2008 BCSC 1340] held: "[5] I have reached the conclusion that Julia was wrongfully retained as at June 2004 as required by Article 3 of the Hague Conv......
  • Medina v. Pallett, [2010] B.C.T.C. Uned. 259
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • February 26, 2010
    ...date of the trial and therefore this Court should not order the return of the Child. While I accept that the Court in Kubera v. Kubera , 2008 BCSC 1340 at para. 5, 60 R.F.L.(6th) 360, allows the Court to consider the situation of the Child at the date of the hearing when determining whether......
  • Oncu v. Oncu, 2009 BCSC 829
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 22, 2009
    ...to Turkey. She attends school here and has a home with her father. In support of this position, Mr. Oncu relies upon Kubera v. Kubera, 2008 BCSC 1340. [20] Lastly, Mr. Oncu argues there is a grave risk of psychological harm to Melisa if she is returned to Turkey. She is now settled in BC an......

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