What is the case law in favour of ordering a return to the United States after a 12-month period?
Ontario, Canada
The following excerpt is from U.K. v. N.A., 2021 ONCJ 73 (CanLII):
On the merits, the father relies on Mindermann v. Mandall to argue that even where the 12-month period lapsed, but where a Hague Convention proceeding is commenced soon thereafter, the deterrent objective should still weight heavily in favour of ordering a return. See ¶ 63(1.) of Mindermann v. Mandall. However, that comment must be looked at in the context of the facts of that case.
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