The appellant, Mr. Thomas, appealed the dismissal of his Hague Convention application for the return of his son, Isaiah, from Toronto to his habitual residence in Balch Springs, Texas.
The application judge had found that the appellant unequivocally acquiesced to the child's relocation.
The Court of Appeal found that the application judge erred by reversing the burden of proof, misapplying the standard of "clear and cogent evidence" for acquiescence, and failing to properly consider the appellant's subjective intention.
The Court reiterated that the standard for finding acquiescence is high and that the Hague Convention's objective is the prompt return of abducted children.
The appeal was allowed, and the child was ordered to be returned to Texas.
