Appeal dismissed; order returning wrongfully removed children to their habitual residence in Nigeria upheld.
The appellant mother wrongfully removed the parties' three children from their habitual residence in Nigeria to Ontario.
The trial judge declined jurisdiction under s. 23 of the Children's Law Reform Act and ordered the children returned to Nigeria under s. 40, finding no serious harm would result.
On appeal, the mother argued the trial judge erred in interpreting the serious harm test, Nigerian law, and the requirements of s. 40.
The Divisional Court dismissed the appeal, holding that the trial judge made no palpable and overriding errors and correctly applied the law regarding jurisdiction and return orders.
ODCDivisional CourtSep 19, 2022
