The Applicant Father sought to confirm and enforce an Alberta court order for the return of the child, Denzel James, to Alberta, and for the father to be designated as the primary care parent.
The Respondent Mother opposed this motion and filed a cross-motion for the Ontario court to assume jurisdiction over custody and access, and to grant her sole custody.
The central issue was which forum, Ontario or Alberta, had jurisdiction.
The court found that Alberta had jurisdiction, as the child's habitual residence was Alberta, the mother removed the child without the father's consent or a court order, and there was no evidence that the child would suffer serious harm if returned to Alberta.
The court dismissed the mother's cross-motion and ordered the child's return to Alberta, emphasizing the public policy against child abduction.
