Following the death of their mother, two children refused to live with their father and repeatedly ran away to live with their aunt and uncle.
The aunt and uncle sought custody of the children.
The Supreme Court of Canada held that while there was no serious cause to deprive the father of his parental authority under art. 654 C.C.Q., the paramount consideration under art. 30 C.C.L.C. is the child's interest.
The Court awarded custody to the aunt and uncle, finding that returning the children to their father would compromise their development, but preserved the father's parental authority and granted him visiting rights.