The appellant father and respondent mother lived in Germany with their two children.
The mother brought the children to Ontario for a time-limited educational stay with the father's consent.
When the consent period expired, the mother refused to return the children to Germany.
The application judge ordered the children's return under the Hague Convention, finding their habitual residence remained in Germany.
The Divisional Court reversed this decision, finding the habitual residence had changed to Ontario.
The Court of Appeal allowed the father's appeal, holding that a parent cannot unilaterally change a child's habitual residence during a time-limited consensual stay, and ordered the children returned to Germany.
