In a Hague Convention return application, the court found that two children wrongfully retained in Ontario remained habitually resident in the United Kingdom.
Applying the hybrid habitual residence approach, the court held that annual vacation visits and a 29-day temporary stay in Ontario did not displace the children’s deep social, educational, and familial connections to the UK.
The court rejected the respondent’s Article 13 defences of consent or acquiescence, grave risk of harm, and child objection, finding the evidence of alleged abuse and coercive control unreliable in material respects and the children’s stated wish to remain in Canada insufficiently mature and not independent.
The court ordered the children’s return to the UK and treated the applicant’s undertakings regarding housing, transportation, rent, and school fees as binding if the respondent returns with them.
