The appellant mother, who had been granted interim custody of her child in Scotland with a non-removal clause, removed the child to Manitoba.
The respondent father obtained a final custody order in Scotland and applied under the Hague Convention and the Manitoba Child Custody Enforcement Act for the child's return.
The Supreme Court of Canada held that the removal was wrongful under Article 3 of the Convention because it breached the Scottish court's custody rights (the right to determine the child's residence).
The Court found no grave risk of psychological harm under Article 13(b) that would justify refusing the return.
The Court ordered the child's return forthwith, accepting the father's undertakings not to take physical custody upon return until a Scottish court permits it.
