The applicant mother sought a court order permitting her to register her son in school in Toronto pending determination of the respondent father's Hague Convention application for return of the children to Michigan.
The respondent father opposed the motion, arguing the Ontario court lacked jurisdiction to make such an order.
The court dismissed the motion on jurisdictional grounds.
The respondent subsequently claimed costs of $6,513.43 on a full recovery basis.
The court declined to award costs to the respondent, finding that his refusal to permit the child to attend school in Toronto pending the Hague application was unreasonable behavior that served to punish the child rather than protect his interests.
