HC/E/CA 767
CANADA
Ontario Court of Justice (General Division)
Appellate Court
HUNGARY
CANADA
30 October 1995
Final
Removal and Retention - Arts 3 and 12
Return ordered
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The mother had consented to the son living with the father temporarily, and she had not demanded the return of the son before bringing the return application. It was not clear whether the father’s retention of the son was wrongful. Before ordering return of the son, the court required that the mother obtain an order from a Hungarian court declaring the father’s retention of the son to be wrongful. Since the son had been in Canada for 2 years and objected to being returned, the court held it should take particular care to ascertain whether the retention violated the mother’s rights of custody under Hungarian law.