If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection?
Alberta, Canada
The following excerpt is from J.S. v. R.M., 2012 ABPC 184 (CanLII):
If the child objects to return because the child wants to remain with the parent that has abducted or wrongfully retained the child, then that will not be considered an acceptable reason for objection and the return will be ordered: Riedel v. Thornopoulos ‑ Danilov, [2005] O.J. No 4843 (S.C.J.) (discussed below at paragraph 87).
If the child objects to the return because the child has become "settled" in their new life with the parent that has kidnapped or wrongfully retained them, then that will not be considered an acceptable reason for objection and the return will be ordered: Den Ouden v. Laframboise, 2006 ABCA 403.
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