The applicants, the paternal grandfather and paternal uncle of two children, sought custody of both children.
One child (Abdullah) had resided in Ontario his entire life and was under the applicants' care.
The other child (Hammad) had been residing in India with the respondent, the children's stepmother, since June 2012 following the death of their father.
The court determined it lacked jurisdiction to hear the custody application regarding Hammad, as the child had established habitual residence in India on a permanent basis for a significant period of time under section 22(2)(c) of the Children's Law Reform Act.
The court declined to exercise parens patriae jurisdiction and dismissed the application regarding Hammad while permitting the applicants to proceed on an uncontested basis regarding Abdullah.
