The applicant father sought the return of his son to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction, alleging wrongful retention by the respondent mother in Ontario.
The respondent opposed, claiming a grave risk of harm under Article 13(b) due to the applicant's alleged abusive conduct and the inadequacy of the Mexican justice system.
The court found that the Article 13(b) exception did not apply, as the alleged domestic violence was dated and not severe enough to meet the high threshold, and the Mexican legal system was deemed capable of protecting the child and mother.
The father's application was granted, ordering the child's return to Mexico with specified undertakings.
