Kimberly Muio

The father brought an application under the Hague Convention for the return of his two young children to Massachusetts, their habitual residence, after the mother wrongfully retained them in Ontario following a consented visit.

The court found that Massachusetts was the children's habitual residence, the father had custody rights which he was exercising, and the mother's retention was wrongful due to deceit.

The court dismissed the mother's defence of grave risk of harm, finding the alleged abuse insufficient to meet the high threshold.

The children were ordered to be returned to Massachusetts.

A child protection proceeding under the Child and Family Services Act in which the Halton Children's Aid Society sought a finding that a child was in need of protection under sections 37(2)(f) and (g) due to emotional harm caused by parental conflict, particularly the mother's unfounded allegations of abuse against the father.

The Society sought placement of the child in the father's custody with supervised access for the mother.

The mother opposed the application and sought dismissal or, alternatively, joint and equally shared custody.

The court found the child was in need of protection, placed the child in the father's exclusive care and custody, and ordered supervised access for the mother under a one-year supervision order.