The child, a girl, was 2 1/2 at the date of the alleged wrongful removal. She had lived in Canada all of her life. The parents were separated and had joint rights of custody. On 1 February 1988 the mother went to Scotland, her State of origin, with the child.
On 1 April 1988 the father was granted temporary custody of the child by the Supreme Court of Ontario which also ordered that the child be returned Canada.
On 7 October 1988 the Outer House of the Court of Session refused the father’s petition.