How is the Hague Convention relevant in Custody and Access matters?

Canada is signatory to the Convention on the Civil Aspect of International Child Abduction (Hague Convention). The Hague Convention states that custody and access determinations occur in the jurisdiction in which a child is habitually resident. Under the terms of the Hague Convention, and Ontario court is required to return a child to the jurisdiction in which he or she is habitually resident. The only exception is where there is a grave risk of physical or psychological harm to the child.


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