The applicant father sought the return of his three-year-old child to Dubai after the respondent mother removed the child to Ontario without his consent.
The mother argued that Ontario should assume jurisdiction under the Children's Law Reform Act, alleging a history of family violence and claiming the child would suffer serious harm if returned.
The court found the mother's evidence lacked credibility and determined that the child's habitual residence was Dubai.
The court declined to assume jurisdiction, finding no risk of serious harm, and ordered the immediate return of the child to Dubai.
