Stephen Kirby

The father appealed a lower court's order that Ontario lacked jurisdiction over their child, Julia, and ordered her return to the United Arab Emirates (UAE) following the father's unilateral removal of Julia from the UAE.

The father sought a stay of this order pending appeal, arguing serious harm to Julia if returned.

The mother opposed the stay and sought security for costs of the appeal.

The court dismissed the father's motion for a stay, finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favored Julia's return to her habitual residence in the UAE.

The court also dismissed the mother's motion for security for costs, despite finding the appeal lacked merit, due to the serious nature of the issues involving the child's best interests.

The respondent mother brought an urgent motion seeking the return of a child to the United Arab Emirates on the basis that the applicant father had wrongfully abducted the child from the U.A.E. and that the Ontario court lacked jurisdiction.

The father had taken the child to Canada on August 16, 2016, following a family dispute.

The mother obtained a custody order in the U.A.E. on January 9, 2017, providing her with custody and ordering the child's return.

The court found that the child was habitually resident in the U.A.E. at the time of removal, that Ontario lacked jurisdiction, and that no exception applied.

The court recognized the U.A.E. order and directed the immediate return of the child to the mother.