R.V.W. v C.L.W. 2021

The mother, a Canadian, married the father, a US citizen, in Texas where their son was born. The mother abducted the child from Texas to Alberta. The mother was unsuccessful in advancing two arguments:

1. The child was now settled in Alberta, after being in that province for over a year and the father having filed his Hague Convention application for return more than one year after the wrongful removal.

2. The court should vary the custody and return order from the Texas Court that the mother was appealing, based upon the absence of a ‘real and substantial connection’ and that the child would be at risk if returned to the father in Texas.