The father was an American citizen and the mother a Canadian citizen. The child was born in Texas, USA, in September 2017, and has an American and Canadian passport. In February 2018 the parents agreed that the mother could travel to Canada with the child to visit her family. Over the next year the father and mother took many trips back and forth to Canada and the USA.
In February 2019, when the mother was in Canada with the child, the parents separated and the father revoked his consent for the child to remain in Canada.
The father claimed that the family planned to settle at his home in the USA and that he had never intended to sell his business, his home, nor move to Canada.
The judge referenced the parties’ intention to live as a family in the USA but found the child to be habitually resident in Canada.
The father appealed the decision.
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