My friend went to Jordan to visit with her 3 year old

She should approach the authorities in Jordan before she leaves to see if they will intervene on her behalf, and if necessary go to court there. If she has to stay longer than she planned then that's up to her.

If she returns to Canada without the child then she can commence an Application under the Hague Convention for an order from a Canadian Court that will be enforceable in Jordan. That's complicated and takes time, however. If there's any way to get the child herself while she's there using the courts there, that's a much preferred option of course.

She won't be in any trouble when she comes back. She didn't do anything wrong.

Does that make sense?

This site isn't a law firm. The lawyers here aren't available for that. When she gets back she ought to start looking for a family lawyer who will assist with this problem. Legal Aid could be available to her. If she goes to the website she could start an application for coverage before she comes back to Canada even.

But thinking about it more, I don't see any reason why she can't get the application started where she is.

I'm no expert in the laws of Jordan, but it's clear that she should see a lawyer or government official about this matter, while she's there. If she can start a case there, maybe get a lawyer there, it could continue while she's in Canada, if she absolutely has to return when intends to.

Good luck and stay safe.

Ulysses

You won't be able to start it with me personally, but it certainly can be done in Canada if there's no way to do it there in Jordan, or even get it started, while she is there.

Yes, you can do the Application in Canada if the child is normally resident in Canada, and it sounds like that is the case, that mother lives in Canada with the child and took a trip to Jordan. The court in Canada should be able to take jurisdiction over the child.

The issue is that if you get an order from Canada then the authorities in Jordan will have to enforce it, same as if you can get an order in Jordan. Only if you won't be able to get the order you want in Jordan should you try to get it in Canada.

Does that make sense? How is mother getting along in Jordan with her efforts?

I don't know. If she has custody already, perhaps they will.

She has a return ticket and a passport for the child. If there's any way she can simply get the child and leave then that's probably best.

By any means? That's unfortunate. Perhaps she should approach the border security authorities and show the return ticket, the passport to show that the child is normally resident in Canada, and say that unless they let the child go with her that she's going to the Canadian embassy to make this an international incident, which Jordan being a party to Hague Convention should be sensitive to.