In Patel v Hamdaoui 2025 ONSC 1183, Burrison Hudani Doris successfully argued for the return of the parties’ children, ages 3 and 6, to their habitual residence in Morocco pursuant to the Hague Convention on the Civil Aspects of International Child Abduction in circumstances where they had been wrongfully removed to Ontario by their Mother – the undisputed primary caregiver.

In determining the children’s habitual residence, the Court weighed both parties’ links and circumstances in each location, including their intention at the time of the removal by placing significant weight on their contemporaneous communications.

The Court dismissed the Mother’s argument that the Father had consented or acquiesced to the removal, noting that although the Father had sent the Mother a series of messages which appeared on their face to amount to acquiescence (he offered to purchase her a car and secure accommodations for her and the children in Ontario), those messages appeared to be a single stream of consciousness which had to be considered amongst all the evidence. The Court further confirmed that the Father’s delay of over seven months before bringing a Hague application was not a bar to the children’s return.

The Court similarly dismissed the Mother’s argument that the children would suffer a grave risk of harm if they were returned to Morocco, finding that this very high threshold had not been met.

The Court consequently ordered the children’s return to Morocco, relying upon and adapting the undertakings given by the Father, including that he provide the Mother sufficient funds to rent a three-bedroom home in addition to a monthly sum sufficient for the children’s expenses, and that he undertakes to consent to a joint guardianship in Morocco.

Read the full case here: Patel v Hamdaoui 2025 ONSC 1183.