The applicant father brought an application under the Hague Convention seeking the return of his three-year-old child to California.
The respondent mother had travelled to Ontario with the child with the father's consent but later refused to return.
The court found that the child was not wrongfully removed, as the initial travel was consensual.
Furthermore, the father's subsequent action of shredding the mother's US immigration papers constituted active acquiescence to the child remaining in Ontario.
The court also held that returning the child to California would expose him to a grave risk of harm due to the mother's inability to re-enter the US and the child's special medical needs.
The application was dismissed.
