The applicant father brought a Hague Convention application for the return of the 12-year-old child to the Bahamas.
The respondent mother conceded the removal was wrongful but opposed the return based on exceptions under Articles 13(b), 13(2), and 20, alleging a history of domestic violence and a lack of state protection in the Bahamas.
During the proceedings, the mother and child were granted refugee status in Canada, creating a rebuttable presumption of risk.
The court found the father successfully rebutted the presumption, noting the Bahamas has adequate laws and agencies to protect victims of domestic violence.
The court also declined to exercise its discretion to refuse return based on the child's objections, finding the child had been influenced by the mother.
The application was granted and the child was ordered returned to the Bahamas.
