HC/E/CA 1403
CANADA - BRITISH COLUMBIA
Court of Appeal for British Columbia
MEXICO
CANADA
8 December 2015
Final
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Appeal dismissed, return ordered
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Two children wrongfully retained at age 3 – Nationals of Canada and Mexico –divorced parents – Father national of Canada – Mother national of Mexico – Mother was primary carer and father had rights of access – Children lived in Mexico until 2014 – Return ordered and appeal dismissed – Main issue(s): Article 13(1)(b) – The argued risk of psychological harm to one of the children if returned to Mexico due to the lack of autism therapies was not sufficient to invoke the Article 13(1)(b) exception.