The applicant father unilaterally removed two young children from their habitual residence in Fort McMurray, Alberta, to Ontario, claiming it was for a "vacation." The respondent mother sought the children's immediate return to Alberta, arguing it was their habitual residence and that the father's removal was wrongful.
The father sought to establish Ontario's jurisdiction and limit the mother's parenting time.
The court found that Alberta remained the children's habitual residence, that the mother had neither acquiesced nor unduly delayed in seeking their return, and that the father's actions were inappropriate and irresponsible.
The court declined jurisdiction over the merits of the parenting dispute and ordered the children's immediate return to Alberta, with the Alberta Court of Justice to handle future parenting and child support matters.
