Parmar v. Flora
The child was habitually resident in Toronto at the relevant dates because the mother was the primary caregiver and the focal point of the child’s life, the child had stronger links to Canada (birth, documents, health coverage, community, preschool), the mother’s stay in Florida was temporary due to the pandemic and consistent with the parties’ long-standing travel pattern, and therefore there was no wrongful removal on July 18, 2021 nor wrongful retention in December 2021; choice of date did not change the outcome.
Source excerpt
- Habitual residence
- Wrongful removal
- Wrongful retention
- Parental intention
- Procedural participation
- Costs