The applicant father sought an order under the Hague Convention on International Child Abduction directing the return of his adopted daughter E. to Hungary after the respondent mother wrongfully removed and retained the child in Canada without notice.
The respondent resisted the application, invoking exceptions under Articles 13(b) and 20 of the Convention, claiming that return would expose the child to grave risk of physical and psychological harm due to persecution of Roma people in Hungary and the respondent's activism, and that the child's wishes should be respected.
The court found that the child was wrongfully retained, that the respondent failed to establish the Article 13(b) exception on the balance of probabilities, and that while the child expressed a preference to remain in Canada, this preference was influenced by the respondent and did not override the principles of the Convention.
The court ordered the child's return to Hungary.