The applicant mother brought a motion under the Hague Convention seeking the return of her 12-month-old child from Mexico to Ontario.
The parties had travelled to Mexico temporarily, but the respondent father subsequently refused to return the child to the mother.
The court applied the hybrid approach to determine habitual residence and found that the child was habitually resident in Ontario.
The court concluded that the father wrongfully retained the child and ordered the child's immediate return to Ontario.
