The applicant father sought the return of his 16-year-old daughter to Puerto Rico under the Hague Convention.
The respondent mother opposed the application, arguing the Convention no longer applied because the child had turned 16, and alternatively, that the child objected to returning.
The court dismissed the application, finding that under Article 4, the Hague Convention ceases to apply once a child turns 16, depriving the court of jurisdiction.
Furthermore, the court held that even if it had jurisdiction, it would apply the Article 13 exception and refuse return, as the mature child had expressed a genuine and independent objection to returning to Puerto Rico due to allegations of abuse and a desire to remain in Canada.
