(905) 415-1636

Habitual Residency and the Hague Convention

In this case, two children were returned to their father in Austria after their mother fled with them to Canada. The main issues in this case were whether the children were habitually resident in Austria and whether there was a grave risk of harm in returning the children to their father’s care.

Justice Baltman decided that the children were habitually resident in Austria. Despite their living in Canada, England, and Cameroon for significant periods of time, the children were habitually resident in Austria because Austria is where the children attended school, where they saw their doctor, and where they lived with their separated parents for eight months before their mother took them to Canada. Justice Baltman upheld Cornaz v. Cornaz-Nikyuluw, which states that where the children last lived with both parents includes the place where both parents lived in the same state, not just where both parents lived in the same home.

Justice Baltman also decided that there was no grave risk of harm in returning the children to their father’s care. Despite an old assault charge that was eventually dropped and the mother’s claim that the father is physically and verbally abusive, no grave risk of harm was found in returning the children to Austria because (a) the children’s doctor and a social worker stated that the children were well taken care of in the father’s care, (b) the mother left the children in the father’s care for two months, and (c) there was no evidence that the children were aware of the father’s alleged abuse of the mother.

This case upholds the main purpose of the Hague Convention, namely that children should be returned from where they were wrongfully removed. This case is also a reminder that Hague cases are not about who should have custody of the children, but about which country has the jurisdiction to make this decision.

More From the Feldstein Blog

Ontario Family Law, Translated

The statute is dense. The stakes are personal. These articles unpack the parts clients ask about most.

Case Blog

Amo v Hamilton, 2026 ONSC 4896

BACKGROUND: The Applicant and Respondent were married on November 26, 2014. The parties jointly owned the matrimonial home in Gananoque, Ontario. The remaining issue arising from the breakdown ... Read more

October 2, 2026 · 7 min read

Divorce

How Does Adultery Affect Divorce in Ontario

If a spouse has been unfaithful during a marriage, it is understandable to wonder whether adultery will affect the divorce or the other issues that must be resolved ... Read more

September 25, 2026 · 8 min read

Feldstein Family Law Group, P.C.

The Law Is Complex.
The First Step Isn't.

Free, confidential consultation with an experienced Ontario family law lawyer. One call can change everything.

Markham · Oakville · Mississauga · Vaughan

Call (905) 415-1636

Responses within one business day — often the same day.

Our Offices

Serving Families Across Ontario & the Greater Toronto Area

Four Feldstein Family Law Group offices across the GTA — close to where our clients live, work, and raise their families.

Markham

20 Crown Steel Dr Suite 8
Markham, ON L3R 9X9, Canada

Map & Directions

Mississauga

3464 Semenyk Ct Suite 213
Mississauga, ON L5C 4P8, Canada

Map & Directions

Vaughan

3865 Major MacKenzie Dr W Suite 107
Vaughan, ON L4H 4P4, Canada

Map & Directions

Oakville

209 Speers Rd Suite 5
Oakville, ON L6K 0H5, Canada

Map & Directions

Communities We Serve

Feldstein Family Law Group represents clients across the Greater Toronto Area — including Toronto, Markham, Oakville, Mississauga, Vaughan, Richmond Hill, Thornhill, Unionville, Stouffville, Aurora, Newmarket, Brampton, Etobicoke, North York, Scarborough, Burlington, Milton, Georgetown, Woodbridge, Maple, King City, and the surrounding communities of York Region, Peel Region, Halton Region, and Durham Region.