V.B.M. v. D.L.J. [2004] N.J. No. 321; 2004 NLCA 56

INCADAT legal file Hague parental abduction

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The child, a girl, was aged 5 at the date of the alleged wrongful removal. She was born in Canada, but six months after her birth her parents moved to Washington State in the United States. The parents’ relationship eventually broke down and on 11 December 2002 the mother returned to Canada, her State of origin, and took her daughter with her.
The girl was located in St John’s, Newfoundland and Labrador in October 2003. On 8 December 2003 the provincial Central Authority filed a Notice in the Unified Family Court to notify the Court that it had received a Convention application.
A return application was filed in the Unified Family Court by the father on 2 March 2004. On 30 July the Unified Family Court ordered that the child be returned into the care of the child protection services in Washington State until all child protection issues had been determined by the State superior court. The mother appealed.