The applicant mother brought a motion under the Hague Convention seeking the return of the parties' two children to Florida, alleging the respondent father wrongfully removed them to Toronto.
The parties had signed a separation agreement permitting a temporary relocation to Florida, conditional on the mother obtaining an E2 visa and U.S. health insurance by a six-month review date.
The mother failed to meet these conditions.
The court applied the hybrid approach to habitual residence and found the children remained habitually resident in Ontario.
The father's return of the children to Toronto was not wrongful as it accorded with the conditional terms of the separation agreement.
The application was dismissed and costs were awarded to the respondent.
