Bom v Kim

In the attached recent Korean Hague case the issue was determining when the wrongful retention occurred when the father consented to a one year trip to Canada so that his son could learn English under the mother’s care. The mother shortly after the son’s birth in Korea agreed to relinquish custody to the father by written agreement. The son was cared for by the father and his family for 8 years. The child was 9 years of age when he travelled to Canada. The mother argued there was agreement that the child could stay 2 or 3 years in Alberta. She also filed a counterclaim for custody in Korea. The Court preferred the evidence of the father and the paternal aunt over that of the mother’s. The Alberta Court found in favor of the father and ordered the child’s return to Korea. Counsel for the father was Max Blitt QC.