The applicant father brought an application under the Hague Convention for the return of his five-year-old daughter, who was unilaterally removed from Morocco to Canada by the respondent mother.
The court found that the child's habitual residence was Morocco and that the father was exercising his custody rights as a legal guardian under Moroccan law.
The mother and the Office of the Children's Lawyer opposed the return, arguing exceptions under the Hague Convention, including grave risk of harm, the child's objections, and human rights violations.
The court dismissed the exceptions, finding that Moroccan family law prioritizes the best interests of the child and that the mother's allegations of abuse did not meet the high threshold of grave risk.
The court ordered the child's return to Morocco and awarded costs to the father.
