The child, a girl, was almost 1 at the date of the alleged wrongful retention. The parents were married. In July 1992 the family went to Scotland, the mother’s State of origin, on vacation. The father returned to Canada a week earlier than the mother and daughter as planned. On 31 July the mother informed the father that she would not be returning to Canada with the child.
The father commenced proceedings for custody in Ontario. In October 1993 he was informed of the Hague Convention for the first time, however, he was given unsatisfactory legal advice. He subsequently contacted the Attorney-General’s office.
In May 1994 the father’s return petition was served on the mother. On 7 September 1994 the Outer House of the Court of Session ordered the return of the child. The mother appealed.
