18th Annual General Meeting

Welcome and Introduction

Land Acknowledgement

Keynote Address: Beyond the Judgment: A Ground-Level Perspective on the Realities of International Child Abduction 

Layan Bishtawi, Founder of Shine a Lite Network 

Description: As our keynote speaker, Layan will present a ground-level perspective on international parental child abduction, drawing on her personal experience of the abduction of her three children from Canada, to shed light on the legal challenges, institutional barriers, and systemic shortcomings parents face in these cases. She will outline the strategies she employed, largely singlehandedly and amid significant personal and legal challenges, to bring her children home and navigate the difficult path of healing and family reunification. Having since gone on to serve as Chair of Shine a Lite Network, Layan will use her experience as a lens to highlight practical lessons and insights for family law practitioners involved in international abduction cases.

International Abductions Involving Non-Hague Signatory States: Key Distinctions in Procedure and Exceptions to Return

Presenter:

Fadwa Yehia, B.A. (Hons), LL.B., Associate Partner, Jamal Family Law

Description: This presentation will focus on the key distinctions in process and procedure and exceptions to return when dealing with an international abduction involving a non-signatory state to the Hague Convention on Civil Aspects of International Child Abduction. Participants will learn about how and when to involve experts on foreign law, the difference between the grave risk and serious harm thresholds, issues related to acquiescence, and habitual residence determinations.

Morning Break 

Across Borders: Legal and Social Complexities in Child Welfare

Presenters:

Julie D’aoust, Chief Counsel, The Children’s Aid Society of Ottawa

Sylvie Lapointe, Executive Director, International Social Service Canada

Danielle Ungara, RSW, Peel CAS, Child Welfare Immigration Centre of Excellence (CWICE)

Description: This presentation explores key interjurisdictional issues in child welfare, with a focus on legal frameworks, international social services, and immigration considerations. It highlights the role of collaboration and service coordination to enhance outcomes for children and families. The session will also examine common barriers faced in cross-border cases, including jurisdictional differences and information-sharing challenges. Through case examples, practical strategies and emerging best practices will be discussed to support more effective responses across systems and borders.

Dena Moyal Award

AFCC-O Project Updates:

• Parenting Plan Guide
• Research

Presenters:

Professor Nicholas Bala, Faculty of Law, Queen's University

Shelley Kierstead, LLB, LLM, DJur; Andrea Barclay, BSW, MSW

Description:

AFCC-O Parenting Plan Guide: The AFCC-O Board has appointed a Task Force, chaired by Prof. Bala, to study the use of the Parenting Plan Guide, and prepare a revision.  This session will discuss case law citing the Guide , a survey of the membership about the Guide, and the revised Guide.

Exploring Challenges for Mental Health Professionals’ Participation in Parenting Matters:

Mental health professionals, especially psychologists and social workers, play a key role in Ontario family law cases by providing parenting assessments, Voice of the Child reports, and therapeutic services. Our (phase 1) earlier focus group study confirmed concerns that these practitioners are increasingly exposed to online harassment, social media attacks, and formal complaints to their regulatory Colleges when one or both parents are unhappy with a report or therapy process. Participants described emotional stress, defensive practice habits, and in some instances, decisions to abandon this area of work, leaving courts and families with fewer qualified experts.

This presentation reports on the next phase, which broadens and deepens that enquiry. Andrea Barclay and Shelley Kierstead will report on a province-wide survey to psychologists, social workers and other mental health professionals to gauge the prevalence and impact of complaints, lawyer interactions, self-represented litigants, and social media pressure. Second, we report on confidential follow-up interviews with (a) phase 1 focus-group volunteers who agreed to speak further and (b) survey respondents who opted in.

Expert Witnesses and the Importance of Children’s Evidence in International Abduction Cases

Presenters:

Sheila O’Donovan, Registered Psychotherapist, OATR, CCTS, ACC, FM

Caterina E. Tempesta, B.A., LL.B., LL.B., Counsel & Regional Supervisor, Office of the Children’s Lawyer

Description: International abduction cases involve children, but often their views and preferences are overlooked. This segment will focus on how and when mental health professionals can and should be used as expert witnesses to assist in presenting evidence to the Court on the best interests of children. Insight will also be provided from the Office of the Children’s Lawyer on the development of the law of children as individual rights bearers and how to ensure that their views and preferences are given sufficient consideration.

Relocation in Family Law: Social Science Evidence and Recent Case Law 

Presenters:

Professor Rollie Thompson, Professor Emeritus of Law, Schulich School of Law, Dalhousie University

Professor Michael Saini, Factor-Inwentash Chair in Law and Social Work, University of Toronto

Description: This presentation offers complementary legal and social science perspectives on relocation in family law. Professor Rollie Thompson will discuss relocation through the lens of family law legislation and recent case law, highlighting key legal developments and recurring issues that arise when courts are asked to consider a proposed move. Professor Michael Saini will provide a complementary social science perspective, reviewing research on relocation after separation and divorce, including children’s adjustment, parent-child relationships, co-parenting dynamics, conflict, family violence, and the practical implications of relocation for families. Together, the session will help participants consider relocation disputes from both doctrinal and research-informed perspectives, while recognizing the distinct contributions of legal analysis and social science evidence.

Judges’ Panel: Closing Thoughts on Wrongful Removals and Retentions

Moderator: Aaron Franks, Partner at Epstein Cole LLP

Panel:

Justice Melanie Kraft

Justice Mohan Sharma

Justice Manjusha Pawagi

Description: The panel will focus on non-Hague cases in which there has been a wrongful removal to a non-Hague country, or a wrongful retention in Ontario from a non-Hague country.  The panel will discuss the recent case law, the applicable legal tests, the court’s obligation to case manage these matters to an early resolution, and what that means for the presentation of a matter and the marshalling of evidence on an expedited basis.