The respondent brought a motion seeking the return of her child, Tristan, to Vienna, Austria under the Hague Convention on the Civil Aspects of International Child Abduction.
The applicant had retained the child in Ontario after a three-month visit that was scheduled to end on March 7, 2012.
The court found that the child was habitually resident in Austria, that the applicant wrongfully retained the child, and that Austria was the proper jurisdiction for custody and access disputes.
The court ordered the return of the child to the respondent's care and custody and vacated previous orders restricting the child's removal from Ontario.
