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The court dismissed a Hague Convention application for the return of a child to New Jersey, finding the child's habitual residence remained Ontario.
The applicant sought an order for the immediate return of the child to New Jersey under Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction, alleging wrongful removal by the respondent to Ontario.
The court applied the hybrid approach to determine the child's habitual residence, considering all relevant links and circumstances, including parental intention and the child's connections to both jurisdictions.
The court found that the child's habitual residence immediately prior to removal was Ontario, not New Jersey, and therefore dismissed the application for return.
A temporary order was issued prohibiting the child's removal from Ontario without the respondent's consent.
