Motion to stay Hague Convention return order pending appeal dismissed; stay not in child's best interests.
The mother wrongfully retained the parties' 9-year-old child in Ontario following a holiday visit, breaching a California final consent order.
The father successfully applied under the Hague Convention for the child's immediate return to California.
The mother appealed the return order and brought an urgent motion to stay the order pending appeal, citing the child's strong objections to returning.
The Court of Appeal dismissed the motion, applying the RJR-MacDonald test and finding that a stay was not in the child's best interests, as the appeal had a low chance of success and continuing the unlawful separation perpetuated harm to the father-child relationship.
Mazzeo v. Mazzeo, 2026 ONCA 447
