M.P. c. J.K., Droit de la Famille 0957, Cour sup?rieure de Montr?al, 8 janvier 2009, 2009 QCCS 141

INCADAT legal file Hague parental abduction

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The case concerned a child born in Canada in 2003. The parents, who had lived together sporadically for a few years then regularly from December 2002 to November 2003, separated. The mother returned to Australia, her country of origin, in November 2003, with the child.
The parents entered into several agreements concerning the child which were approved by the Courts. Pursuant to the 2007 agreement, the childlived with his father in Canada for 13 weeks until August 2007. Then, until August 2008, the child lived in Australia and saw his father a few days every month.
The mother had planned to move to Canada but as professional contacts were unpromising, she informed the father that she would remain in Australia. The child joined his father in Canada shortly thereafter. It was due to return to Australia on 20 January 2009.
On 1 October 2008, the father applied to the courts for the child to reside with him in Canada at least until June 2009. He objected to the child’s return in January.The mother, on the basis of the Act respecting the Civil Aspects of International and Interprovincial Child Abduction, petitioned the Superior Court of Quebec to order the father to deliver the child to her on 20 January as agreed.