The mother appealed an order returning her three-year-old child to Pakistan and recognizing a foreign divorce.
The motion judge had summarily determined, based solely on conflicting affidavit evidence, that the child was habitually resident in Pakistan and faced no serious risk of harm if returned.
The Court of Appeal allowed the appeal, finding that the mother was denied procedural fairness because the conflicting evidence regarding parental intention and domestic violence required a more robust evidentiary hearing.
The matter was remitted to the Superior Court for a proper evidentiary hearing.
