The appellant father appealed a motion judge's decision dismissing his application under the Hague Convention for the return of his child to the United States.
The parties separated while living in Massachusetts, and the mother moved to Ontario while pregnant.
The child was born in Ontario and remained there.
The Divisional Court dismissed the appeal, finding the motion judge correctly applied the hybrid approach to determine the child's habitual residence was Ontario, as the child had never been to the United States.
The court also upheld the finding that Ontario had jurisdiction under the Children's Law Reform Act.
