21 total
Children ordered returned to North Carolina under the Hague Convention despite domestic violence allegations.
The respondent mother wrongfully removed two children from their habitual residence in North Carolina to Ontario.
The applicant father sought the return of the children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, alternatively seeking recognition and enforcement of a North Carolina custody order, or an order under the Children's Law Reform Act.
The court found that the removal was wrongful under Article 3 of the Hague Convention, that no grave risk exception applied under Article 13(b), and that the North Carolina order could not be recognized due to lack of reasonable notice and opportunity to be heard.
The court ordered the return of the children to North Carolina with specific undertakings and conditions to protect the mother during the transition.
