The applicant father brought an application under the Hague Convention for the return of the parties' two infant children from Ontario to Nevada.
The respondent mother opposed the return, alleging domestic violence and arguing that returning the children would expose them to a grave risk of harm or an intolerable situation under Article 13(b).
The court found that the children were habitually resident in Nevada and wrongfully removed by the mother.
The court held that the mother failed to meet the high evidentiary threshold to establish the Article 13(b) exception, noting the availability of legal and protective resources in Nevada.
The application was granted and the children were ordered returned to Nevada.
