CANADA – COWARD – 1988: (1988) (Return ordered) COWARD v COWARD. Mother takes child to Canada. Court ordered the forced return of the child to Australia with the father.
CANADA, PROVINCE OF QUEBEC, DISTRICT OF MONTREAL
SUPERIOR COURT OF MONTREAL,
23 Jun 1988
Hon. Andre Forget, JCS
No 500-04-002065-887
Peter William Coward, Petitioner
and
Emanuella Anne-Marie Coward, born Latint, Respondent
JUDGMENT
The Court already stated that the petition perfectly meets the
requirements of the Convention of the Civil Aspects of
international Child Abduction1 , and an Act respecting the Civil
aspects of International and Interprovincial child abduction.
Therefore the Court has no other choice than to order the forced
return of the child, unless the respondent proves the exception
of section 21 of the law, stating:
The Superior Court may refuse to order the return of the
child if the person who opposes his or her return
establishes that
—
(2) – there is a grave risk that his or her return would
expose the child to physical or psychological harm or
otherwise place the child in an intolerable situation.”
No such proof has been established.
FOR THESE REASONS, the Court:
GRANTS the petition
ORDERS the forced return of the child GARY ROBERT COWARD
to Australia;
ORDERS the respondent Emanuella Anne-Marie Coward to remit
to petitioner Peter William Coward, the passport of the child
GARY ROBERT COWARD, before 6 h 00 p. m. to day, this 23rd of
June 1988.
ORDERS to the Directeur de la protection de la jeunesse to
return the child to the father;
ORDERS provisional execution notwithstanding appeal.
WITHOUT COSTS
——————–
1. Adopted and signed 25 October 1980 – The Hague Convention
At Montreal, September 6th, 1988.
/s/ Andre Forget
_________________________
ANDRE FORGET – J.C.S.