The child, a boy, was born in Ontario in June 2006. The Australian father did not secure entry to the country because of a criminal record. When the child was approximately five weeks old the mother returned with him to Australia, where they lived with the father until the parents separated in October 2007. In November 2007 the mother returned to Canada with the child, as well as his older siblings from a previous relationship. The father contacted the Central Authority almost immediately to start the process of securing the child’s return.
The mother opposed the father’s application and argued that a return would create a grave risk of harm to the child because the father was a violent criminal, a drug addict and trafficker, was incapable of parenting, and had abused her. The mother did not allege that the father had ever abused the child. The court at first instance ordered the return of the child. The mother appealed.
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