A child protection agency brought a motion for temporary care and custody of a six-year-old child.
The child's parents had been involved in protracted custody litigation in both Canada and the United States, including Hague Convention proceedings after the mother surreptitiously removed the child to the United States.
Following a U.S. court order returning the child to Canada, the child was placed in the father's care.
The court found that returning the child to the mother's care would effectively mean returning the child to the United States, posing a high risk of harm and loss of contact with the father.
The court ordered that the child be placed in the temporary care and custody of the father under the agency's supervision, finding it to be the least intrusive alternative consistent with the child's best interests.
