Canadian lawmakers are asked to consider custody skirmish
A Toronto mother -- who is currently fighting in Bermuda's Supreme Court to have her seven-year-old child returned -- has had her case brought before the Canadian Parliament in Ottawa.
A petition calling upon the Canadian Government "to take action to have Bermudian authorities recognise and honour Canadian jurisdiction over the child'' was tabled in the House of Commons on Monday by Toronto Member of Parliament Jesse Flis.
It's the latest twist in bitter three-year divorce and custody battle involving Canadian doctors Marguerite Kopaniak and Peter McLellan.
Their dispute spilled over into Bermuda after Dr. McLellan -- now on staff at King Edward VII Memorial Hospital -- moved to Bermuda with the child following his marriage to Bermudian attorney Jackie Stubbs.
McLellan had been awarded custody of the child by an Ontario General Court in August of last year, but had promised to stay in the Toronto area and foster a relationship between the mother and child under a court-appointed child psychologist.
In handing down her decision Ontario Court Judge Janet Wilson indicated the custody order was subject to review and she "remained seized of the matter''.
On October 27, however, McLellan -- against the advice of his Canadian lawyers -- took the child to Bermuda and, by October 31, had obtained an ex parte child custody order from Supreme Court Judge Vincent Meerabux. That order brought about swift criticism from Canadian jurists, who argued Mr. Meerabux had thumbed his nose at years of judicial protocol by stepping into another jurisdiction's on-going case.
In Ontario Madam Justice Wilson reasserted her jurisdiction and reversed her custody decision in favour of Dr. Kopaniak. After several unheeded warnings to return to Canada with the child, in January of this year she ruled McLellan was in contempt of court and was to be arrested should he ever return to Canada: "The Respondent's (McLellan) conduct has deprived the child of a relationship with her mother,'' wrote Madam Justice Wilson in a January 31 ruling subsequently obtained by The Royal Gazette .
"The Respondent's reprehensible conduct since the conclusion of the trial, including his clandestine departure from the jurisdiction with the child, and the resigning from all responsibilities and undertakings made to the Court is reprehensible,'' she added.
The petition, which carries no legal weight, bears 150 signatures from Toronto constituents.
Lawmakers From Page 1 The petition charges: "Whereas the Bermudian Court issued an immediate custody order to the father based on deceitful information presented by him and without any notification to the mother.'' And goes on to state: "The Supreme Court of Ontario retains sole jurisdiction over the child and all custody and access issues.'' After being tabled in the Canadian lower House, the petition goes before the Privy Council and onto the relevant Ministers, including Canadian Minister of External Affairs Lloyd Axworthy and possibly Justice Minister Alan Rock. They are required to respond in 45 days.
The case meanwhile continues to move slowly before the Bermuda Supreme Court.
In February both parties appeared before Mr. Justice Meerabux, who issued a new order prohibiting anyone from removing the child from the Island without the consent of the Court, The Royal Gazette has learned.