A. Iyathurai

The applicant father brought an application under the Hague Convention for the return of the parties' child to Cyprus.

The respondent mother had travelled to Canada with the child for what the father claimed was a one-month vacation, but she retained the child in Canada, alleging the father consented to a permanent move and that returning the child would expose him to a grave risk of harm due to domestic violence.

The court found the child's habitual residence was Cyprus and that the father did not consent to a permanent relocation.

The court rejected the mother's allegations of domestic violence, finding her evidence lacked credibility and detail, and concluded the Article 13(b) grave risk exception was not met.

The child was ordered returned to Cyprus.

The parties brought cross-motions regarding the matrimonial home, which was solely owned by the applicant and facing foreclosure due to unpaid mortgage arrears.

The respondent sought exclusive possession and a preservation order, while the applicant sought an order for the sale of the home.

The court dismissed the respondent's claim for exclusive possession, finding no compelling evidence that the children's best interests required them to stay or that suitable alternative accommodation was unavailable.

The court ordered the sale of the home, directing that the respondent receive an advance on equalization of up to $400,000 from the proceeds, and issued a limited preservation order preventing the applicant from further encumbering his rental property.