Law360 Canada (May 29, 2024, 9:59 AM EDT) -- Appeal by father from dismissal of his application for an order that the child, K, be returned forthwith to United States. The father was an American citizen while the mother was Canadian. The parties met in 2018 and were married in California. K, their only child, was born in Las Vegas. On May 21, 2023, the mother left Las Vegas and travelled to Vancouver with K. The father maintained that he only allowed K to travel to Vancouver with the mother because K was breastfeeding. According to him, it was their intention that the mother and K would return to Las Vegas within three months. The mother alleged emotional and verbal abuse committed by the father, which led her to decide on November 6, 2023, to separate from him. The judge dismissed the father’s application. She found that K's removal was not wrongful, and that K was habitually resident in Canada immediately prior to November 6, 2023. The father alleged that the judge erred by misapplying the legal test for habitual residence by ignoring parental intention, and by considering extraneous concerns like family violence allegations, and in doing so, basing her decision in whole or in part on the child's best interests....