The applicant mother sought the return of her two children to the Dominican Republic under the Hague Convention after the respondent father retained them in Ontario following a summer visit.
The father opposed the return, citing exceptions under Article 13(b) (grave risk of harm) and Article 13(2) (child's objection).
The court found that the children had suffered severe physical and psychological abuse while in the mother's care, establishing a grave risk of harm if returned.
The 14-year-old child strongly objected to returning, and separating the 8-year-old from his sister would create an intolerable situation.
The court also admitted fresh evidence showing the mother attempted to abduct the younger child during the proceedings.
The application was dismissed, and Ontario assumed jurisdiction over parenting.
