The applicant mother sought to recognize and enforce a Chinese court order granting her custody of the parties' seven-year-old child and requiring the child's return to China.
The respondent father opposed the application, arguing the child was habitually resident in Ontario and that the Chinese order was procedurally unfair.
The court dismissed the application, finding that the child was not wrongfully removed from China and had become habitually resident in Ontario before the Chinese proceedings commenced.
Consequently, the Chinese court lacked jurisdiction under section 22 of the Children's Law Reform Act.
The court also found that returning the child to China would cause her serious psychological and emotional harm.
Interim primary parenting and sole decision-making were awarded to the father.
