The onus is on the respondent to establish on a preponderance of evidence that this exception applies in this case and that the court ought to exercise its discretion in denying the applicant’s request for the child to be returned. See Thomson v. Thomson (1994) 1994 CanLII 26 (SCC), 6 R.F.L. (4th) 290 (S.C.C.) at 326 – 329.
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