G.R.C and M.T.M – 19-08-19
In May of 2019,1 heard and granted the application of Mr. Mills Jr. under the Hague Convention for the return to Bermuda of the child of the parties. Ms. Chin had gone to Toronto over the Christmas holidays to visit family and, without the consent of Mr. Mills Jr., simply did not return to Bermuda. Instead, resettled with the infant child in Calgary. I found the habitual residence of the child to be Bermuda and directed him returned there.
Mr. Mills Jr. now applies for costs. Both parties have provided their written submissions thereon. Costs, even in Hague proceedings, are still in the discretion of the Court. Article 26 of the Hague Convention says that I may order reimbursement of travel costs and of legal representation. This does not affect the exercise of my discretion under our Rules of Court and my obligation to consider the relevant factors under Rule 10.33.