I agree with Justice Martinson’s comments in Beatty v. Schatz, 2009 BCSC 769 at paras. 16 and 22, that the objectives of Article 26 are to compensate the left behind parent for costs incurred in locating and recovering the abducted child; to punish the abducting parent; and to deter other parents from attempting to abduct their children. The discretion given in Article 26 must be exercised judicially, taking into account the particular circumstances of the case. Although this is not a wrongful removal case, the same objectives apply.
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