A motion within a Children's Law Reform Act application concerning the permissible response of a domestic court to a possible misinterpretation of the Hague Convention by a foreign court.
The applicant sought orders affirming Ontario's jurisdiction and habitual residence of the child, and ordering the child's return from Georgia.
The respondent did not participate.
The court appointed amicus curiae to assist.
The Georgian courts had found wrongful retention but refused return under Article 13(b) exception.
The court declined to make the requested declarations, finding it lacked jurisdiction to issue binding declarations and that it was inappropriate to opine on issues pending before the European Court of Human Rights.
The proceedings were stayed pending the outcome in the European Court.
