The applicant mother brought an application under the Hague Convention for the return of the parties' two children to Germany.
The respondent father had travelled with the children to Ontario under the guise of a vacation and subsequently claimed refugee status, alleging the children were at risk of abuse from the mother.
The court found that the children were habitually resident in Germany and were wrongfully retained in Ontario.
The court rejected the father's argument that returning the children would expose them to a grave risk of harm or an intolerable situation under Article 13(b) of the Convention, noting that the German authorities had previously investigated and dismissed his allegations.
The court ordered the immediate return of the children to Germany and awarded the mother $83,000 in costs on a full indemnity basis due to the father's bad faith conduct.
