The applicant mother sought a declaration that the child was wrongfully removed from France by the respondent father and sought an order for the child's immediate return.
The father opposed the application, claiming a grave risk of physical or psychological harm to the child if returned to France.
The court found that the child was habitually resident in France, the mother had custody rights, the mother was exercising those rights at the time of removal, and the child was being wrongfully detained in Canada.
The court rejected the father's defences under Article 13(b) of the Hague Convention, finding insufficient evidence of grave risk.
The court also found the child had not attained sufficient age and maturity to have her objections considered.
The court ordered the child's return to France, subject to transitional arrangements to be determined at a follow-up conference.
