Canadian Court Orders Child Be Returned to England for a Child Custody Determination Under the Hague Convention on the Civil Aspects of International Child Abduction

Husband, a resident of England, and Wife, a resident of Canada, meet in London while Wife is on a work assignment. Husband and Wife marry and have Son.

A few years later, Husband’s and Wife’s marriage hits a rough patch. Husband and Wife agree to send Son to stay for a while with Wife’s parents in Canada so they can focus on trying to save their marriage.

But in time Wife leaves Husband and returns to Canada. And unilaterally decides to keep Son there.

Husband files in Canada for return to Son to England under the Hague Convention on the Civil Aspects of International Child Abduction.

In an effort to exploit an exception under the Hague Convention, Wife alleges that Husband uses drugs and would therefore endanger Son.

This strategy might have had some legs, except that Husband passed a reliable type of drug testing. (And countered that the same allegation was true of Wife – to which Wife made no response.)

Since the exception to the Hague Convention did not apply, the Canadian Court held that England has child custody jurisdiction over Son, and therefore Son must be returned to England for a child custody determination on the merits.


this CBC News article: Omar Allibhoy, celebrity chef, wins child abduction case in B.C. court


this Canadian station CKNW AM 980 news article: London celebrity chef wins custody fight in BC court