In a Hague Convention return application, the moving party sought the child’s return to Ohio after removal to Ontario.
The court determined the child’s habitual residence was Ohio immediately before the April 24, 2025 removal and found the removal wrongful under the Convention.
The court rejected defences of consent or acquiescence and grave risk of harm or intolerable situation under Article 13.
The court ordered the child’s immediate return to Ohio, subject to undertakings, and declined to order police enforcement at this stage.
