Court document offers glimpse of negotiations during child abduction case

A recently released court decision details the tug-of-war between the parents of a seven-year-old girl whom the father stands accused of abducting.

The document says at one point during the three-month period that Michael Jackson had his daughter, he asked the girl’s mother — through the RCMP — to promise that she wouldn’t vaccinate the girl against COVID-19.

Even after getting that in writing from Mariecar Jackson, Michael didn’t return the girl.

The Family Law Division decision written by Court of Queen’s Bench Justice Michael Megaw was released April 20. It lays out the legal wrangling that has gone on between the Jacksons since they separated in December of 2016.

According to the decision, a judge determined in December of 2018 that Mariecar was to be the girl’s primary parent, although Michael was to have input into decisions about her health, welfare and education.

The judge added, however, that Mariecar would have the final say on all matters because Michael had the view “that his opinion is the only one that counts.”

On Nov. 10 of last year, Michael picked up his daughter and then didn’t communicate with Mariecar for the next three-plus months.

Megaw wrote the mother “applied for an order compelling the return of the child to her and for the assistance of the police in enforcing any such order.”

After Justice Donald Layh issued the order, Michael appealed that decision — prompting Mariecar to seek another application to have the child returned.

Court of Appeal Justice Robert Leurer upheld Mariecar’s application, suggesting that Michael’s “self-help remedy” took the girl away from her mother and out of school, neither of which the justice said was in her best interests.

Despite those two decisions, Michael still didn’t return the girl.

“The mother engaged with the police to assist in enforcing the terms of the court order,” Megaw wrote. “She expressed concern over her perception of the lack of resources committed to the enforcement by the authorities and brought an application seeking an order for contempt against the RCMP and court involvement in causing both the RCMP and Regina Police Services to more effectively investigate the matter.”

Megaw noted that application was withdrawn when the police forces assured her they were taking the matter seriously.

In early February, the RCMP asked for the public’s help in locating Michael and his daughter. On Feb. 16, the Mounties put out a video of Mariecar pleading for her daughter’s return.

Megaw wrote that in an affidavit sworn March 4, Mariecar said the RCMP started negotiating with Michael through a third party. According to her statement, the Mounties at one point asked if she “would provide Michael an undertaking to not vaccinate (the girl) against Covid-19.”

“Through my counsel, I provided a letter to Michael, along with an Affidavit, the terms being that if Michael returned (their daughter), I would agree to not vaccinate (her) and provide to him an original copy of the Affidavit,” Mariecar said in her statement.

“My understanding from the RCMP is that they provided the letter and Affidavit to Michael, but he did not ultimately return (the girl) voluntarily, as per the term proposed.”

Mariecar’s affidavit added that “RCMP officers advised me on several occasions that Michael’s ‘demands’ were ‘escalating’ in relation to his requests of me, regarding the family law matters pending.”

On Feb. 24, Michael and the girl were found in Vernon, B.C. He was arrested and she was reunited with Mariecar, who flew to the B.C. city to retrieve her daughter.

On March 11, Megaw wrote, Mariecar “applied for an order suspending the father’s parenting of the child and further restraining his contact with both the mother and the child. As the father was in custody, he did not oppose the relief sought and accordingly that later relief was granted by me.”

Michael is to be back in court on his abduction charge Thursday.