The Applicant Father sought the return of his son to Balch Springs, Texas, U.S.A., under Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction, alleging wrongful removal and retention by the Respondent Mother in Toronto.
The Mother relied on Article 13 exceptions, asserting the Father's subsequent acquiescence to the child's retention or, alternatively, a grave risk of harm upon return.
The court found that while Texas was the child's habitual residence and the Father did not initially consent to the removal, he subsequently unequivocally acquiesced to the child's retention in Ontario through his conduct and communications over several months.
The Mother's alternative argument regarding grave risk of harm was not proven to meet the high threshold required by the Convention.
Consequently, the Father's application for the child's return was dismissed based on the finding of acquiescence.
