The father brought an application under the Hague Convention for the return of his two young children to Massachusetts, their habitual residence, after the mother wrongfully retained them in Ontario following a consented visit.
The court found that Massachusetts was the children's habitual residence, the father had custody rights which he was exercising, and the mother's retention was wrongful due to deceit.
The court dismissed the mother's defence of grave risk of harm, finding the alleged abuse insufficient to meet the high threshold.
The children were ordered to be returned to Massachusetts.
