The appellant father appealed the dismissal of his application under the Hague Convention for the return of his child to Colorado.
The application judge had found that while the respondent mother wrongfully retained the child in Ontario, the appellant subsequently acquiesced to the retention through his prolonged silence and lack of contact.
The Divisional Court upheld the decision, finding no palpable and overriding error in the application judge's conclusion that the appellant's conduct demonstrated acquiescence and that his actions did not constitute bona fide attempts at reconciliation.
