In an international custody dispute, the mother sought custody in Ontario after removing the child from Egypt without the father’s consent, while the father moved to stay the application for lack of jurisdiction.
The court held the child was habitually resident in Egypt and that Ontario could assume jurisdiction only if the child would suffer serious harm if returned.
Applying the serious-harm approach equated with Hague Convention article 13(b) jurisprudence, the court found the sexual-abuse allegations were not credible, found no evidentiary basis for other alleged risks, and held nothing displaced the presumption that the Egyptian court would protect the child’s welfare.
The Ontario court therefore declined jurisdiction over permanent custody and ordered the child returned to Egypt under temporary CLRA relief.
