What is the effect of a father’s actions in destroying an application to bring a child back to the United States?

Ontario, Canada


The following excerpt is from U.K. v. N.A., 2021 ONCJ 73 (CanLII):

In those circumstances, at ¶ 58 of Hage v. Bryntwick, Mazza J. found that the father’s actions made it “not possible for the prompt return of the child as required by Article 12”. At ¶ 61, he held that the father’s act of destroying the application, combined with his knowledge that he knew that the mother would not be allowed to return to the United States, was an act of active acquiescence.

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