The mother brought an application for custody and corollary relief in Ontario.
The father, residing in Pakistan, brought a motion to dismiss the application on the basis that Pakistani courts had already exercised jurisdiction, and sought the return of the children to Pakistan.
The court found that while the children were not habitually resident in Ontario at the commencement of the application, the requirements of s. 22(1)(b) of the Children's Law Reform Act were met.
The court assumed jurisdiction, noting the children's real and substantial connection to Ontario and the balance of convenience favouring Ontario.
The father's motion was dismissed.
