Office of the Children’s Lawyer v. Balev

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. The application judge concluded that the children’s habitual residence in Germany and thus ordered their return. Both children were born in Canada after their parents moved from Germany. The family then moved back to Germany. The Mother returned to Canada Office of the Children’s Lawyer v. Balev, [2018] S.C.J. No. 16 with the children to experience the Canadian school system. Fearing the non-return of the mother with the children after the school year, the father revoked his consent and brought the action under the Hague Convention concerning International Child Abduction (Hague Convention). The appeal was rendered moot because after the return of the children to Germany, the German courts granted sole custody to the mother.