Counsel of Record: Yasemin Shihab Ahmed

Case Summary: Yasemin Shihab Ahmed successfully represented the appellant mother in a significant Alberta Court of Appeal case that reinforced the principle of finality in family law decisions.

The case involved a relocation application by the mother, who sought to move with her young son to Nova Scotia to be closer to her family and pursue post-secondary education. Her application was initially denied in 2023 and the hearing judge requested that the mother provide further financial and childcare information. This led to a second hearing in 2024 where the decision largely reaffirmed the original ruling.

Yasemin argued on appeal that the judge had exceeded her jurisdiction by reviewing a final decision and was functus officio. The Court of Appeal agreed that the process was improper and there was no justification for a review, especially of a final decision. The court set aside the 2024 decision; however, they declined to order a de novo hearing, affirming the 2023 decision, and denying the application.