TV c. MB, Droit de la famille 1222, 2012 QCCA 21

INCADAT legal file Hague parental abduction

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The case concerned two children born in 2001 and 2005 to an American father and Canadian mother. The parents had cohabited for 10 years, until the father told the mother he had a mistress in June 2010. The parents’ versions of subsequent events differed. According to the father, he had asked the mother, who was due to spend the summer with the children, to think about their situation.
According to the mother, he had demanded that she leave California finally. The mother and children left California as planned on 22 June 2010, but did not return when the summer ended. The mother had informed the father’s mother, a week after her arrival in Quebec, that she would not return to the USA.
In September, counsel for the father applied for the children’s return by means of a formal notice served on the mother. In March 2011, the action for child return was brought in Quebec. On 19 May 2011, the Superior Court, District of Frontenac, dismissed the return application. The father appealed against that ruling.