The children, both girls, were 14 1/3 and 2 1/3 at the date of the alleged wrongful removal. The older girl, a child from the mother’s previous relationship, had lived in Manitoba for the first eleven years of her life. The parties had married in Manitoba on 28 August 1990 and moved to England in November 1990. The natural child of the parties was born in England on 26 November 1991.
On 14 December 1992 the father adopted the older child. The father left the marital home on 3 January 1994 but continued to see the children. The parties did not enter into any agreement. In February 1994 the mother took the children to Canada.
On 25 August 1994 the Manitoba Queen’s Bench dismissed the father’s application for the return of the girls. The Article 13(1)(b) exception had been made out in respect of the older girl who had severe physical and psychological problems.
The father appealed.