The applicant father sought the return of the parties' four-year-old child to the United Kingdom under the Hague Convention on the Civil Aspects of International Child Abduction, alleging wrongful retention by the respondent mother in Canada.
The court applied the hybrid approach to determine habitual residence, finding it to be the UK.
However, the court found that the father, through his actions, had consented and acquiesced to the child's retention in Canada, thereby triggering an exception under Article 13(a) of the Convention.
Consequently, the application for the child's return was dismissed, and the court assumed jurisdiction over the matter.
