The child, a girl, was born in Australia in 2000. A few weeks after the birth, the parties moved to the United States. In October 2000, the mother, without the knowledge of the father, took the child to Canada.
The father brought a return application in May 2001. The judge at first instance held that the removal was wrongful but found there was a grave risk the child’s return to the United States would expose her to physical or psychological harm or otherwise place her in an intolerable situation.