The father appealed an order requiring him to return his child to Denmark pursuant to the Hague Convention.
The father argued that a parenting plan signed by the mother before they moved to Denmark established that the child's habitual residence remained in Ontario.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the application judge's conclusion that the parenting plan was unenforceable and signed under duress, and that the child's habitual residence was Denmark at the time of the wrongful removal.
