The parties divorced in Maryland, with the father granted custody and the mother granted access rights.
The father moved to Quebec with the child while the mother's motions to modify access were pending in Maryland.
The mother obtained an ex parte interim custody order in Maryland and sought the child's return under the Quebec Act implementing the Hague Convention.
The Supreme Court of Canada held that the Act did not apply because the father had custody at the time of removal and no custody modification proceedings were pending.
However, the Court affirmed the order returning the child to the United States, finding that the Quebec Superior Court had jurisdiction under civil law and correctly determined that returning the child was in her best interests.
