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Parenting Time Abroad

November 10, 2021

In a very interesting recent case, Volgemut v. Descristoforo, 2021 ONSC 4750, a billionaire father brought a motion for in-person parenting time with his two-year-old daughter pending trial at a luxury Turkish resort. The court was asked to determine whether his parenting time would take place and, if abroad, what safeguards would be imposed to ensure the child’s safe return to Canada.

The father was a Russian businessman and the mother was a Canadian model. They had a daughter. Before the separation, the parties lived in Dubai. After separation, the mother took the daughter back to Canada. The father asked the court for a declaration that the child has been wrongfully removed to Ontario and should be returned to her habitual residence in Dubai. The mother rejected the request claiming that the father presents a serious flight risk for the daughter, especially since he has almost unlimited financial resources.

The court ultimately agreed with the father’s proposal for in-person parenting time in a lavish Turkish resort (where he was living at the time) and the payment of all travel expenses associated with the child, the mother, and one family member of the mother’s choosing. Although the court agreed with the father, there were stringent conditions imposed. The father also paid $200,000 in security. The court also noted that Turkey had no travel restrictions, an easy visa application process, and a strict COVID-19 quarantine protocol, which made the location perfectly appropriate for parenting time.

If you have any questions about your family law matter, contact the custody lawyers in Toronto at Melekhovets Law to see how we can help you. As experienced family lawyers in Toronto, we also provide services in the areas of criminal law, civil litigation, and corporate law.

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