The appellant mother appealed a motion judge's order requiring the return of the parties' two children to Nigeria and dismissing her motion for temporary custody in Ontario.
The mother had brought the children from Nigeria to Canada without the father's consent.
On appeal, she argued the motion judge erred in finding the children would not suffer serious harm if returned, in failing to give sufficient weight to the children's views, and in proceeding by way of a long motion rather than a trial.
The Divisional Court dismissed the appeal, finding no error in the motion judge's conclusion that the mother failed to meet the test under s. 23 of the Children's Law Reform Act.
The record did not establish a probability of serious harm, and the motion judge reasonably concluded a trial was unnecessary.
