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From
the transcript of Reasons for Judgment in matter in the Court of Queen’s Bench
of Alberta, Calgary, Alberta, Canada, dated June 1, 2018:
THE COURT: “… I heard expert evidence on Japan and its
adherence to and enforcement of foreign parenting orders from Mr. Jeremy
Morley, a New York attorney with an international family law practice and a
focus on Japan and Japanese child custody law. Mr. Morley has testified in
other Canadian court cases and in 2016 was accepted as an expert in British
Columbia proceedings before Justice Arnold-Bailey. Relying on Mr. Morley’s
evidence, Justice Arnold-Bailey denied mom’s request to take the children to
Japan.
I accept Mr. Morley’s evidence regarding dad’s
likelihood of access to [the child] if mom is permitted to move with [the
child] to Japan and dad’s likelihood of success in getting [the child] back
from Japan under the Hague Convention if mom takes [the child] to visit Japan
and doesn’t return. Mr. Morley opined that if mom relocates to Japan, dad will
not have meaningful access to [the child] unless his mom allows him to do so
and dad will have no more than a slight chance of success in getting [the
child] back from Japan should it be necessary under the Hague Convention.
Mr. Morley testified that …
I did not find mom’s [Japanese] expert … testimony to
dislodge the concerns raised by Mr. Morley.”
