The father brought a motion under the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of the parties' two infant children from Ontario to Texas.
The mother conceded that the children were habitually resident in Texas but argued the Article 13(b) grave risk exception applied, alleging the father's alcohol abuse and erratic behavior created an intolerable situation.
The court found the mother's evidence, while credible regarding the father's problematic behavior, did not meet the high threshold for "grave risk" of physical or psychological harm or an intolerable situation as required by the Convention.
The court ordered the children's return to Texas, subject to certain undertakings by the father to ameliorate immediate risks and ensure the Texas justice system could address parenting issues.
