Application under the Hague Convention on the Civil Aspects of International Child Abduction for the return of three children to Michigan.
The mother fled Michigan with the children and made a refugee claim in Canada.
The father sought return of the children, arguing wrongful removal.
The court found that under Michigan law, an unmarried father who had signed an Acknowledgement of Parentage did not have custody rights at the time of removal—only the mother held custody.
The court dismissed the application on this basis.
Alternatively, the court found that even if removal was wrongful, the mother established a grave risk of harm under Article 13(b) of the Convention due to documented domestic violence, sexual assault, and threats.
The court assumed jurisdiction under section 23 of the Children's Law Reform Act.
