The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a 3 month vacation. The stay was extended several times and the mother commenced a relationship in Canada.
In December 2004 the mother advised the father that she intended to remain in Canada permanently. In early 2005 she applied for refugee status, alleging domestic violence on the part of the father. The mother commenced divorce proceedings in British Columbia in August 2005.
In November 2005 the father petitioned for custody in Poland and also filed a return application with the Polish central authority. He issued return proceedings in British Columbia in April 2006. In May 2006 mother and daughter were afforded refugee status. The mother did not advise the father of her status until October 2006.
Numerous delays occurred in the scheduling of the Convention trial, which was not heard until April 2008, with judgment pronounced in August (2008 BCSC 1340). In this, the Supreme Court of British Columbia ruled that the child was settled in her new environment and declined to make a return order. The father appealed.