The applicant father brought a Hague Convention application seeking the return of the parties' child to Colorado.
The mother had travelled to Ontario with the child for a short visit but subsequently decided to remain.
The court found that the child was habitually resident in Colorado and wrongfully retained in Ontario.
However, the application was dismissed because the father's prolonged silence and failure to contact the child for several months constituted subsequent acquiescence to the retention under Article 13 of the Convention.
