The respondent father brought a motion to contest the Ontario court's jurisdiction over the applicant mother's claims for custody and child support, arguing the child was habitually resident in Iraq.
The father had allegedly abducted the child during a vacation to the Middle East and failed to attend the case conference as ordered.
The court applied the hybrid approach to habitual residence and found the child was habitually resident in Ontario.
The father's motion was dismissed, his pleadings were struck for failing to obey court orders, and the mother was granted temporary custody and leave to proceed to an uncontested hearing.
