The applicant father sought the return of a young child to California under the Hague Convention after the respondent mother remained in Ontario and disobeyed multiple California custody and access orders.
The court held that California had primary jurisdiction, the father never acquiesced to permanent relocation, and proceedings had been commenced within the Article 12 period through the earlier California petition.
The respondent failed to prove a pending refugee claim despite court-ordered disclosure, leading to an adverse inference that any such claim had been abandoned or failed.
The court rejected grave-risk allegations as not credible or reliable and found California fully capable of protecting the child and the respondent if necessary.
The child was ordered returned immediately to California and Ontario was declared to lack jurisdiction over custody and parenting issues.
