By KEILE CAMPBELL

Tribune Staff Reporter

kcampbell@tribunemedia.net

AN Ontario judge has ruled that a 12-year-old girl must be returned to The Bahamas under the Hague Convention, despite her recently granted refugee status in Canada, allegations of abuse and her mother’s contention that The Bahamas lacks adequate protections for domestic violence victims.

The child, referred to as “R” in court documents, was represented by Renatta Austin from Ontario’s Office of the Children’s Lawyer, who supported her wish to stay in Canada. R expressed fear of her father and a strong desire not to be separated from her mother and sister.

Justice Catherine Rhinelander acknowledged the child’s concerns but determined they did not meet the legal threshold to prevent her return. The judge found that neither the child’s fear nor her mother’s claims of a violent and neglectful environment were substantiated to the degree necessary under the Hague Convention.

The child’s father, Benson Beneby, denied the abuse allegations, pointing out they were never raised during previous family court proceedings in The Bahamas. His stance was reportedly supported by his adult daughter from the same relationship, who disputed a specific 2021 incident referenced by the mother.

Justice Rhinelander found much of the mother’s evidence to be inadmissible hearsay. He noted that Mr Beneby had no criminal record, had completed parenting courses, and had complied with Bahamian court orders.

The mother, Odaz Melody Gibbs, represented by Sophia Dales, Meghan De Snoo, and Alina Valachi, argued that The Bahamas lacks adequate protections for domestic abuse victims. Despite acknowledging the seriousness of the allegations, the court concluded they fell short of the grave risk or human rights violation required to halt the child’s return under Articles 13(b), 13(2), and 20 of the Hague Convention.

Canadian immigration authorities recently granted refugee status to both the mother and child. However, Justice Rhinelander emphasised that this designation does not automatically prevent a return under international treaty obligations.

The judge issued a 14-day stay on the return order to allow for any potential appeals or jurisdictional coordination. If unchallenged, the child must return to The Bahamas by May 19.

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to prevent parents from unilaterally relocating children across international borders in custody disputes. It requires the prompt return of children to their country of habitual residence when they are wrongfully removed or retained, allowing local courts to resolve custody matters.