Madrigal v. Castro, 2015 ABQB 312

• Judge: Read, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 14, 2015
• Citations: 2015 ABQB 312;(2015), 617 A.R. 192 (QB)

Madrigal v. Castro (2015), 617 A.R. 192 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.101

Francisco Roel Salinas Madrigal (applicant) v. Evelyn Tamaz Castro (respondent)

(FL03 42323; 4803 170253; 2015 ABQB 312)

Indexed As: Madrigal v. Castro

Alberta Court of Queen's Bench

Judicial District of Edmonton

Read, J.

May 15, 2015.

Summary:

The father applied under the Hague Convention on the Civil Aspects of International Child Abduction, seeking the return of the parties' two children, ages five and 3.5. The father alleged that in January 2014, the children were wrongly taken from Mexico to Alberta by the mother. The issue was whether the children were habitually resident in Mexico at the time they were taken to Alberta.

The Alberta Court of Queen's Bench denied the application. While the removal was "in breach of rights of custody" of the father, the habitual residence of the children in January 2014 was Edmonton, Alberta. The objective evidence established that there was no joint settled intention to make Mexico their habitual residence.

Family Law - Topic 1961.1

Custody and access - Child abduction legislation - Habitual residence - See paragraphs 27 to 50.

Family Law - Topic 1962

Custody and access - Child abduction legislation - Jurisdiction - See paragraphs 10 to 13.

Counsel:

Francisco Roel Salinas Madrigal, on his own behalf;

Goli Yohannes (Family Law Office), for the respondent.

This application was heard on May 14, 2015, before Read, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment and reasons, dated May 15, 2015.