Husid v. Daviau 2012 ONCA 655
Family Law - Custody and access - Child abduction legislation - Jurisdiction (incl. costs)
A mother wrongfully removed her child from Peru. The father sought to have the child returned pursuant to art. 12 of the Hague Convention on the Civil Aspects of International Child Abduction.
The Ontario Superior Court, in a decision reported  O.T.C. Uned. 547, relied on the “grave risk” exception to the return requirement set out in art. 13(b) of the Convention to deny the father’s request. Costs became an issue.
The Ontario Superior Court, in a decision reported  O.T.C. Uned. 2383, awarded the mother costs in the all inclusive amount of $64,000. The father appealed, arguing that the trial judge erred in permitting a claim for custody to proceed in Ontario rather than ordering the child’s return to Peru. He also argued that the trial judge had no jurisdiction to award costs.
The Ontario Court of Appeal dismissed the appeal.
Editor’s Note: A motion by the father for unsupervised and overnight access with the child for a few days just prior to the hearing of the appeal was dismissed - see (2012), 294 O.A.C. 313.