The applicant sought an order requiring the return of the parties' two children to Ottawa and prohibiting the respondent from removing them from Canada.
The respondent requested that the application be stayed in favour of proceedings she commenced in Brampton.
The court determined that while the older child's habitual residence was Ottawa, the younger child's habitual residence was Mississauga.
The court stayed the Ottawa application in favour of the Brampton proceeding, which was commenced first, to avoid multiplicity of proceedings and potential inconsistent judgments.
The respondent's agreement to surrender her passport and NICOP card to her counsel adequately mitigated concerns about international removal.
