Caitlin O’Garr

The applicant father brought a motion seeking a parenting order and the immediate return of the child to Ontario from Jordan, arguing Ontario was the child's habitual residence.

The respondent mother opposed, asserting that the father had consented to her remaining in Jordan and that Jordan was the more appropriate forum, also raising concerns about family violence.

The court found that Ontario remained the child's habitual residence, as the father had not consented or acquiesced to the child's retention in Jordan.

The court affirmed its power to issue a "chasing order" for the child's return, emphasizing that denying such power would encourage wrongful removals and undermine the Children's Law Reform Act.

The court declined to cede jurisdiction to Jordan, concluding that the child had a closer connection to Ontario.

The court ordered the child's return to Ontario within 30 days and issued a temporary restraining order against the father for the mother's safety.

The respondent father sought full-recovery costs of $24,767 after successfully obtaining an urgent parenting order to reinstate the parties' child in school and modify the parenting schedule.

The applicant mother did not reply to the costs submission.

The court found the father presumptively entitled to costs.

While the mother's conduct was unreasonable (poor preparation, voluminous irrelevant materials, repeated delays), it did not meet the high threshold for bad faith to warrant full-recovery costs.

Considering the importance and complexity of the motion, the father's counsel's reasonable billings (61 hours, $21,918 + HST), and the mother's failure to demonstrate inability to pay, the court awarded elevated costs of $17,000 to the father.