The moving party mother sought a stay of an order refusing to stay a Hague Convention return order pending her motion for leave to appeal to the Divisional Court.
The underlying order required the return of the parties' child to California in the custody of the responding party father.
The court dismissed the motion for a stay, finding that the mother failed to establish a serious issue to be determined, as she was unlikely to be granted leave to appeal the interlocutory order.
The court agreed with the lower court's analysis on irreparable harm and the balance of convenience, noting the mother's history of non-compliance with court orders.
