The Father brought a motion seeking the return of one child (R.M.) to the United Arab Emirates (UAE) and a declaration that the Ontario Superior Court lacked jurisdiction over parenting issues.
The court dismissed the Father's motion, finding that it had jurisdiction under both s. 22(1)(b) and s. 23 of the Children's Law Reform Act.
The court found that all six criteria under s. 22(1)(b) were met, including that there were no pending extra-provincial proceedings due to the Father's bad faith in concealing UAE custody proceedings from the Mother.
Furthermore, the court found that R.M. would suffer serious physical and psychological harm if returned to the UAE, given the Mother and children's Convention refugee status, the Father's history of abuse and lack of credibility, and R.M.'s strong, consistent views against returning.
