What would amount to a grave risk of harm in the circumstances of a request for the return of children to a jurisdiction from which they were wrongfully removed?
Ontario, Canada
The following excerpt is from J.K. v. L.R., 2019 ONCJ 868 (CanLII):
There is an extensive body of case law that provides guidance in determining what would amount to grave risk of harm in the circumstances of a request for the return of children to a jurisdiction from which they were wrongfully removed. The grave risk of harm that is contemplated is one that would result in an intolerable situation. The risk has to be more than an “ordinary risk” and “one of substantial, and not trivial psychological harm.” See: Thomson v. Thomson, 1994 CanLII 16630 (SCC), 6 R.F.L. (4th) 290 SCC.
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