Legal Project Management Plan & Checklist
Use this fork when a respondent resists a Hague return order under the settled-child or child-objects defences (s 46(4)(b)/(f) CLRA).
When does the settled-child exception apply to a Hague return application in Ontario?: The settled-child exception under s 46(4)(b) of the Children's Law Reform Act arises when the applicant commenced proceedings more than one year after the date of wrongful removal or retention AND the child has now become settled in Ontario. Both elements must be established. Settlement means more than mere passage of time - the respondent must demonstrate the child has established emotional, social, educational, and community roots in Ontario. Ontario courts examine schooling stability, community connections, the child's relationships with peers and extended family in Ontario, and the child's own sense of belonging. Even if settlement is established, the court retains a residual discretion to order return.
| Field | Token | Type | Required | Defined in |
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How does a child's objection defence work under s 46(4)(f) CLRA?: Under s 46(4)(f) of the CLRA, a court may refuse to order return if the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of the child's views. The objection must be the child's genuine and considered view, not a position coached by the abducting parent. Ontario courts consider the child's age (typically 12 or older carries significant weight, but younger children may qualify), the strength and consistency of the objection, and whether the objection reflects authentic preferences rather than parental influence. The Children's Lawyer's interview is the primary evidence on this defence.
Jurisdiction: This fork is heard in the Ontario Superior Court of Justice (Family Court branch) or the Ontario Court of Justice in designated areas. The same six-week Convention timeline applies, though defences under s 46(4) frequently extend the timetable.
The Process at a Glance: Upon identifying that the respondent will raise settlement and/or the child's objections, counsel assembles evidence of the child's integration in Ontario across school, community, medical, and social domains. A Children's Lawyer interview is requested urgently. An independent expert on child development and maturity may be retained. The respondent's affidavit addresses settlement evidence and the child's objections. Counsel cross-examines the applicant's witnesses on the date of wrongful removal (to establish the one-year threshold) and on the child's lack of integration in the origin country. A voice of the child assessment supplements the Children's Lawyer's interview. The hearing addresses both defences, with the Children's Lawyer's report as central evidence on the child's objection issue.
Key Legislation and Case Law: Section 46(4)(b) and (f) of the Children's Law Reform Act, RSO 1990, c C.12 set out the settled-child and child-objection defences. The settled-child exception requires proof of both the one-year delay and actual settlement. The child's objection defence is interpreted in light of Convention policy: see De Silva v Pitts, 2008 ONCA 9. All case law accessible on CanLII.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Hague Convention Child Abduction - CLRA Application, Left-Behind Parent (Ontario) - Respondent Resisting Return - Settled Child or Child Objects (s 46(4)(b)/(f) CLRA) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ |
matter.matterNumber |
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inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
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