The applicant father sought the return of the parties' child to Portugal under the Hague Convention, alleging wrongful removal by the respondent mother.
The child was born in Portugal in 2020 and removed to Canada by the mother in June 2022.
The court found that while the child's habitual residence was Portugal, the father did not have custody rights under Portuguese law that would render the removal wrongful.
Even if the removal were wrongful, the court found two exceptions to mandatory return applied: the father acquiesced to the child remaining in Canada, and there was a grave risk of harm to the child if returned to Portugal due to the father's pattern of coercive and controlling behaviour against the mother.
The father's application was dismissed.
