The appellant mother took her three children from Kuwait to Canada without the respondent father's consent and claimed refugee status, alleging domestic violence.
The father applied for the children's return to Kuwait.
The application judge ordered the children returned, finding no risk of serious harm under s. 23 of the Children's Law Reform Act.
On appeal, the Court of Appeal found the application judge erred by rejecting uncontradicted expert evidence that the children's fears of their father were independent and not influenced by the mother.
The Court also held that ordering the children's return before their refugee claims were determined violated the principle of non-refoulement.
The appeal was allowed and a custody hearing was ordered in Ontario.
