The applicant mother sought a determination that the child was habitually resident in Ontario and that an Ontario court should exercise jurisdiction over custody and access matters.
The respondent father opposed the application.
The child was born in Ontario but spent approximately 17 months of his 24-month life in Ecuador with both parents before the family came to Canada in October 2016.
Following a separation and altercation in Canada, the respondent retained the child's passport, preventing the applicant from returning to Ecuador.
The court found that the child's habitual residence was Ecuador, that substantial evidence regarding the child's best interests was available in Ecuador, and that on the balance of convenience, Ecuador was the appropriate forum.
The court declined jurisdiction and ordered the respondent to release the child's passport and documents to the applicant, along with travel costs to Ecuador.
