The applicant mother brought an urgent motion seeking an order that the habitual residence of the children be deemed Toronto, Ontario, and that the Ontario Court of Justice assume jurisdiction over parenting issues.
The motion also sought orders for decision-making responsibility, primary residence, a non-removal order, and supervised parenting time for the father.
The father had unlawfully retained the children in Pakistan, leading to Habeas Corpus proceedings there where the Pakistani High Court ordered the children's return to the mother and their passports, deferring the jurisdictional issue to their family court.
The Ontario court found overwhelming evidence that the children's habitual residence was Toronto, Ontario, and assumed jurisdiction, granting the mother temporary sole decision-making responsibility, primary residence, a non-removal order, and supervised access for the father.
