The court in whose
jurisdiction the child is removed is bound to form an independent
judgment on the merits of the case. He said:
“It is the law of Ontario (as it is the law of England) that the
welfare and happiness of the infant is the paramount consideration
in questions of custody. To this paramount consideration all others
yield. The order of a foreign court of competent jurisdiction is no
exception…Comity demands, not its enforcement, but its grave
consideration. This distinction, which has been recognized in the
courts of England and Scotland…rests on the peculiar character of
jurisdiction and on the fact that an order providing for the custody
of an infant cannot in its nature be final.”
Part Of Judgment
Lahore High Court
Criminal Proceedings
74048/19
2020 LHC 1172
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