The mother, a Jordanian citizen, brought the parties' three children from Kuwait to Ontario and sought a parenting order.
The father, residing in Kuwait, challenged Ontario's jurisdiction and sought the return of the children pursuant to Kuwaiti custody orders.
The court found that while the children were not habitually resident in Ontario at the time the application commenced, Ontario had jurisdiction under s. 22(1)(b) of the Children's Law Reform Act due to the children's physical presence, substantial connection, and the balance of convenience.
Alternatively, the court found jurisdiction under s. 23, as the children would suffer serious harm if returned to Kuwait due to the risk of psychological harm, family violence, and the children's strong views against returning.
The father's request to recognize the Kuwaiti orders was dismissed.
