The applicant father sought the return of his two youngest children to Bahrain after the respondent mother brought them to Ontario following a vacation in Pakistan.
The father had obtained a sole custody order in Bahrain without notice to the mother.
The court found that while the children were habitually resident in Bahrain, Ontario should assume jurisdiction under s. 22(1)(b) of the Children's Law Reform Act due to the family's strong connections to Ontario, evidence of domestic violence, and the discriminatory nature of Bahraini family law.
The court declined to recognize the Bahraini custody order and granted temporary sole custody to the mother.