The applicant mother sought the return of her four-year-old child to Virginia under the Hague Convention, alleging wrongful retention by the respondent father in Ontario.
The father conceded the retention was technically wrongful but argued the application was brought more than a year after the retention and the child was 'now settled' in Ontario under Article 12.
The court found the child had been living exclusively with the father for over two years in a stable environment, contrasting with the mother's history of substance abuse and child protection involvement.
The court concluded the child was settled in her new environment and dismissed the application for return.
