The applicant mother sought the return of her five-year-old daughter to China, alleging the respondent father wrongfully retained the child in Ontario after a visit.
The father argued the child's habitual residence was Ontario, or alternatively, that returning the child to China would cause serious harm.
Applying the hybrid approach, the court determined the child's habitual residence remained China.
The court found the father failed to establish that the child would suffer serious harm if returned.
The court declined to assume jurisdiction and ordered the immediate return of the child to China.
