The respondent mother commenced a custody application after relocating with the parties’ child from Hungary to Ontario.
The father brought an application under the Hague Convention alleging the child was wrongfully retained in Canada and seeking an order for the child’s return to Hungary.
The court examined whether the child’s habitual residence remained Hungary or had changed following the parties’ joint relocation to Canada.
After reviewing the parties’ shared intentions, preparatory steps taken before leaving Hungary, and the family’s arrival at a refugee shelter to initiate residency processes, the court found the parents had a settled intention to abandon their Hungarian residence and establish a new life in Ontario.
Alternatively, even if the transition period initially left the child without a habitual residence, the evidence did not establish wrongful retention under the Hague Convention.
The application was dismissed and Ontario was held to be the proper forum for custody and access proceedings.
