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.

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah successfully represented the respondent father in securing the return of his child from India to Smithers, BC within 21 days. This outcome was reached after the claimant mother had relocated without the father's consent, as provided in the BC Family Law Act. Additionally, the court ruled that the mother is prohibited from removing the child from Smithers without either the father's consent or a subsequent court order.