The applicant father brought an application under the Hague Convention seeking the return of the parties' four children to Australia, arguing they were wrongfully retained in Ontario.
The children had been living in Ontario for six years with the consent of both parents, though the father argued the intention was always to return to Australia.
Applying the hybrid approach to habitual residence, the court found that the focal point of the children's lives was in Ontario and that parental intention did not outweigh their significant ties to the province.
The application was dismissed.
