The applicant father brought a motion seeking the return of the parties' seven-year-old child to Los Angeles, California, under the Hague Convention, or, alternatively, interim parenting orders if the child remained in Ontario.
The court applied the "focal point of the child's life" test to determine habitual residence, finding that the child's habitual residence had shifted to Ontario due to the respondent mother's unilateral actions and disappearance, and the child's integration into Ontario life.
Consequently, the Hague Convention did not apply, and Ontario had jurisdiction.
The court also found that even if the Hague Convention applied, exceptions for grave risk of harm and acquiescence would prevent the child's return.
Interim parenting orders were granted, giving the applicant primary residence and major decision-making authority, with other issues adjourned to a case conference.
Costs were awarded to the applicant.
