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The court held the children were habitually resident in Arizona, found no basis for parens patriae relief, and dismissed the BC family action for want of jurisdiction.
Costs decision in a family appeal: the Court of Appeal held the successful mother was entitled to costs, and fixed them at $80,000 in total.
The stay was denied because the mother's proposed appeal did not raise a serious issue meeting the Supreme Court leave threshold, she failed to establish irreparable harm and the balance of convenience favored return to the child's habitual residence in the U.K.; the Court confirmed and incorporated the father's undertakings into the return order and held the Superior Court interim-interim order moot.
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The appeal is allowed because the application judge erred by conflating consent to an eventual relocation with consent or acquiescence to the child's retention on September 28, 2023; the appellant did not consent and immediately objected and initiated Hague proceedings, so Article 13(a) does not apply; the child must be returned to the United Kingdom (habitual residence) and the appellant's undertakings are incorporated into the return order; costs fixed at $20,000.
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The motion judge did not err: the children’s expressed preferences did not, on the record, constitute a material change warranting variation of Steele J.’s order because the wrongful removal risk persisted and the judge had little confidence the father would return children from Australia; alternative relief was unnecessary and the appeal is dismissed. The natural justice complaint lacked merit and the appellant’s chronic non-payment of support and costs provided an independent basis on which the appeal could have been quashed.
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Hague Convention return application over a child removed from Mexico. The court held Mexico was the child’s habitual residence and rejected a grave-risk exception.
Costs judgment in a Hague Convention child abduction petition. The court held it could consider the Family Rules, but ordered no costs and left each party to bear its own costs.
The court dismissed a Hague Convention return application, finding the parties agreed to an open-ended stay in Vancouver and that the child was habitually resident in Canada by November 2023.
The appeal was not rendered an abuse of process by the appellant's unrelated conduct; r.2.1 is not the appropriate mechanism to dismiss this appeal on those grounds, so the request to dismiss under r.2.1 is denied and the appeal must be re‑listed for hearing; issues about compliance with other orders are to be addressed in the appropriate forum or at the appeal hearing as needed.
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The court held it did not retain parenting jurisdiction after authorizing the child’s relocation to Australia and found the child’s habitual residence had shifted there.
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