Removal and Retention – Arts 3 and 12
The judge found that the child had been wrongfully retained in the Northwest Territories after the end of the summer 1994. The retention was in breach of the California court order of 21 July 1993, the father having not waived his rights as joint custodian except for the limited summer period.
Acquiescence – Art. 13(1)(a)
In the light of evidence from the Central Authority for the Northwest Territories the court found that the delay in bringing the application was not the fault of the father.
Grave Risk – Art. 13(1)(b)
The judge found that an order returning the child to the father would not expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.