Family law (Ontario) legislation: the Hague convention. The Hague Convention is an international treaty in relation to child abduction and is adhered to by most countries, including Canada. In Ontario it is enforced by the Children’s Law Reform Act, R.S.O. 1990,C.12.
Upon the parents’ separation, special rules apply to determine the child’s “habitual residence.” If one parent unilaterally removes (or withholds) the minor to (or in) another country, signatory to the Convention, the Convention may be invoked to restore the status ante quo and return the child to the place which was (is) the “habitual residence.”
Applications under the Convention are complex and expensive.
In addition, a determination under the Convention does not affect entitlement to custody or the incidents of custody, but deals only with the removal or detention of the child. The Convention ceases to apply when the child turns sixteen.