Parent who Abducted Child while on Vacation Must Return the Child and Pay Costs: YLaw Victory

Abib Ngom and Afsana Allidina from YLaw won a critical victory in Nixey v. Stacey, a high-stakes fight involving international child abduction and obtained a significant and rare costs award against the abductor.

This case reflects a scenario every parent going through separation dreads: agreeing to a short vacation abroad, only to have the other parent refuse to return the child.

What Happened in this Case

This story begins in Costa Rica, where a young family had settled in, built a home, and were in the process of applying for permanent residency. For their child, Costa Rica wasn’t temporary; it was the center of her world, the place where she learned, played, and grew.

When the mother asked in June 2024 to take the child to Victoria, BC for what seemed like a three-week visit to extended family, the father agreed. He had no reason not to. He trusted her and believed she would come home.

The Abduction

The mother refused to bring the child back. She kept the child in Canada, ignoring the father’s pleas for their child’s return, meeting the definition of international child abduction.

She concealed the child’s location, misled the father, and even pretended the child wasn’t with her during a secret trip back to Costa Rica.

With the child missing and communication deteriorating, the father retained YLaw to take urgent action.

Hague Convention Proceedings and Wrongful Removal

We immediately filed a Hague Convention petition, the legal process used worldwide to return abducted children to the country where they actually live. By arguing that the child had been illegally held in British Columbia, we fought for an immediate return order.

After weeks of stalling, refusing to cooperate, and trying to push the case further into the future, the mother was confronted with the full weight of our evidence and legal strategy.

She saw that there was no way to defend her actions. Rather than face a trial she was certain to lose, at the last possible moment, she agreed to return the child to Costa Rica.

The Outcome

One of the most common questions we hear is: “Can the court make my ex pay my legal fees—especially if they lie?”

In this case, the answer was a resounding yes.

The judge found that the mother’s deception, lack of transparency, and prolonged obstruction were “reprehensible.” Her behavior went far beyond poor judgment—it undermined the court process and risked the child’s stability.

The result: the court ordered her to pay 75% of the father’s legal fees, a rare and significant award.

The message here is clear: parents who abduct children, lie, or manipulate the justice system will face serious financial consequences.

What This Means for You

Cases involving child abduction, crossing international borders, or deception require more than traditional family law experience- it demands rapid action, specialized knowledge, and a legal team equipped for high-conflict, cross-border litigation.

At YLaw, we have:

• Expertise in International Child Abduction Cases
  At YLaw our child custody lawyers bring specialized expertise to handling urgent cross-border disputes where a parent unlawfully keeps a child abroad. When you need a lawyer who understands the mechanics, strategies, and timelines of international abduction cases, our team is ready to deliver results.
• Our Commitment to the Truth: Family law often comes down to credibility. If your ex is hiding a child, lying about their location, fabricating stories, or trying to manipulate the court, we will expose the facts quickly, effectively and strategically.
• Our Thirst for Justice: You should not be financially punished because the other parent acted dishonestly. When lies, delays, or misconduct drive up your legal costs, we aggressively pursue cost orders—ensuring the person causing the damage pays for it.

Contact us now to bring your child home.