Jérémie Nadeau

The applicant mother sought the return of her five-year-old daughter to China, alleging the respondent father wrongfully retained the child in Ontario after a visit.

The father argued the child's habitual residence was Ontario, or alternatively, that returning the child to China would cause serious harm.

Applying the hybrid approach, the court determined the child's habitual residence remained China.

The court found the father failed to establish that the child would suffer serious harm if returned.

The court declined to assume jurisdiction and ordered the immediate return of the child to China.

The applicant mother brought a motion under the Hague Convention for the return of her 13-year-old twin daughters, who were removed by the respondent father to St-Pierre and Miquelon in breach of a separation agreement and an interim parenting order.

The court applied the hybrid approach and determined the children's habitual residence was Ontario.

Finding that none of the exceptions to return under the Convention applied, the court declared the removal wrongful and ordered the children's immediate return to Ontario.