This was an Originating Application under the Hague Convention for the return of six children from Calgary, Alberta to Conroe, Texas, initiated by the father against the mother. The mother initially took the children to Calgary with the father's consent for a temporary stay, which she subsequently extended, seeking to make the relocation permanent. The mother contested the return, asserting that the children were habitually resident in Calgary, that the father had consented to their permanent relocation, and that returning them would pose a serious risk of physical or psychological harm. The father maintained that the children were wrongfully retained in Calgary beyond the agreed-upon period, that their habitual residence was in Texas prior to the retention, and that he did not consent to their permanent relocation. He also argued that there was no significant risk of harm to the children if they were returned to Texas.

Finding that the children lacked a stable life with any significant family and social contact, the Court held that the children were habitually resident in Texas immediately before their wrongful retention by the mother. The Court concluded that the mother had not met her burden to establish the Hague Convention exceptions of the father’s consent, nor had she shown a grave risk of physical or psychological harm to the children if they were returned to Texas. As such, the Court ordered the children be returned to Texas.

The father sought a full indemnity cost award against the mother, totaling $41,426, which included Canadian legal fees, United States legal fees, and travel costs. Alternatively, he requested party-party Costs pursuant to the principle in McAllister v Calgary (City). The Court noted that assessing full-indemnity costs requires a detailed Bill of Costs showing the work done and disbursements incurred. Within 30 days, each party was required to file and serve written Cost submissions addressing the factors in Rule 10.2 and Rule 10.33, including supporting records and a draft Bill of Costs under Schedule C of the Rules.