The child, a girl, was 1 1/2 at the date of the alleged wrongful removal. Her parents were not married but lived together in New York until 19 October 2001. On that day they signed an agreement as to how the care of their child should be managed. It was agreed that they would each retain custody of the child.
Furthermore, the child was to move with the mother to Canada for two years and then return to the United States, provided it was safe to do so and the mother was able to return legally and take up employment. The mother and child then left.
In December 2001 the father came to Canada to visit his daughter. He took advantage of overnight contact to take his daughter to New York on Christmas eve. On 19 March 2002 the mother issued a return petition. After an expedited hearing the United States District Court for the District of New Jersey ordered the return of the child and that the father pay the mother’s costs.
The father sought a stay of the order to return, but this was denied. On 29 January 2003 he filed a motion for expedited appeal from the United States Court of Appeals for the Third Circuit and on 30 January he sought a stay; both were denied. The child returned to Canada on 5 February 2003. On 10 July 2003 the father was given leave to re-open the appeal.
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