Canadian custody row spreads to Bermuda
Ontario court order citing a Toronto doctor for contempt of court after he fled to the Island with his six-year-old daughter.
Dr. Peter Roderick MacLellan -- who was granted legal custody of the child in August -- ran afoul of the courts when he moved to the Island to live with his former lawyer, Jackie MacLellan (nee Stubbs), a Bermudian, the Toronto Star reports.
Dr. MacLellan and his former wife Dr. Marguerite Kopaniuk, had been locked in a legal battle over custody rights for the child, who has been living with a foster family.
Dr. MacLellan was awarded custody and told the court he and his daughter were going to live in the Toronto area. He promised in court to foster communication between the child and her mother, encourage his daughter's relationship with the foster family, and to participate in therapy with a child psychologist.
But following his marriage to Ms Stubbs he and the child subsequently moved to Bermuda.
When Dr. Kopaniuk learned her daughter had been taken out of the country, she returned to the courts and a series of orders was issued for the child's return. They were all ignored.
The Ontario Court's Madam Justice Janet Wilson, in a ruling issued last week, cited Dr. MacLellan with contempt for failing to appear with the child for December 19 court date.
The court, acting through Bermuda solicitors, has since ordered Dr. MacLellan to appear on January 17, or face the consequences.
Dr. MacLellan yesterday confirmed he has legal custody of the child. He also told The Royal Gazette , "A lot of facts have been omitted from the (Star's) story. Other than that my lawyer has advised me not to comment.'' He refused to say whether he would abide by the court order to return to Canada.
