Gurveer Gill

The applicant father brought a motion under the Hague Convention for the return of his three-year-old daughter to Florida.

The respondent mother had travelled to Toronto with the child in July 2021 and subsequently decided not to return.

The court applied the hybrid approach to determine the child's habitual residence immediately prior to the alleged wrongful retention in December 2021.

The court found that the focal point of the child's life was in Canada, where she had spent a significant portion of her life and where her primary caregiver and extended family resided.

As the child was habitually resident in Canada, the Hague Convention application was dismissed.

The parties resolved a motion regarding parenting time and decision-making by way of Temporary Minutes of Settlement.

Both parties subsequently sought costs of the motion.

The applicant sought partial indemnity costs of $8,841.12, while the respondent sought $5,000.00.

The court found that neither party was entirely successful, as the settlement reflected a true compromise and neither party beat their respective offers.

Consequently, the court ordered that each party bear their own costs due to divided success.