BEFORE HAWKINS, P.J., DAN LEE AND GRIFFIN, JJ.
HAWKINS, PRESIDING JUSTICE, FOR THE COURT:
The chancery court of Yazoo County enforced a Canadian court order granting James Allan Laskosky, a Canadian citizen, temporary custody of his child pending the outcome of his divorce proceeding in Canada. The child's mother, Tracy Anne Laskosky, a Mississippian, appealed that decision and asserted that the chancellor should have accepted jurisdiction over the custody dispute. Finding that the chancellor correctly declined to accept jurisdiction over Canada's, we affirm.
James Allan Laskosky (Allan), a Canadian citizen, married Tracy Anne Laskosky (Tracy Anne), a Mississippian, in Alberta, Canada, on March 1, 1983. Jeffrey Sam Laskosky was born of their marital union.
On July 16, 1984, the couple separated after which they shared the custody of their child. In the fall of 1984, the couple began having disagreements over the custody of the boy.
On November 20, 1984, Tracy Anne filed her petition for divorce in the Court of Queen's Bench of Alberta, Canada.
In December, 1984, while Allan had custody of their son, Tracy Anne informed Allan she wanted to go to Yazoo City, MS, over the Christmas holidays to visit her parents. Before leaving Canada, she signed an agreement in which she agreed to return with the child to Canada after Christmas. Despite her promise, Tracy Anne refused to return to Canada. In January, 1985, Allan called Tracy Anne in Mississippi and she told him that she planned to return to Alberta on January 14, 1985. Later Tracy Anne's lawyer, Charles Mikhail, called Allan and told him Tracy Anne would return on January 28, 1985. Allan spoke to his Canadian lawyer, who advised him to do nothing until after January 28. When Tracy Anne failed to return on January 28, Allan called Yazoo City, and spoke to Linda Beeson, Tracy Anne's mother. She told him that Tracy Anne intended to stay in Yazoo City with the child.
On March 27, 1985, Tracy Anne entered a motion to dismiss her divorce in the Court of Queen's Bench in Alberta, Canada. The Canadian court granted this motion. In Mississippi, on April 18, 1985, Tracy Anne filed a petition for general guardianship and confirmation of custody for her child in the chancery court of Yazoo County, Mississippi.
Allan did not remain idle. On April 12, 1985, he asked
the Court of Queen's Bench of Alberta to set aside its earlier dismissal of Tracy Anne's petition for divorce. After hearing arguments from counsel representing both parties, the Canadian court granted Allan's motion and ordered Tracy Anne to return to Canada with her child. On May 6, 1985, Allan's Mississippi lawyer petitioned the chancery court of Yazoo County to enforce the Canadian order. After hearing argument from counsel for both parties, the chancellor found the following:
The parties are still husband and wife and remain so until some court of competent jurisdiction makes a determination upon a trial of the issues as has been set by the court in Canada.
All proceedings that this Court has examined from the Canadian Court filed has shown that both parties were and have been throughout, the Canadian proceedings represented by counsel.
The petitioner in the Canadian court chose her forum and is in court in Canada.
This Court finds pursuant to 93-23-11 (1) Miss. Code Ann. 1972)" . . . a court of this state shall not exercise jurisdiction under this chapter if at the time of filing the petition, a proceeding concerning the custody of the child was pending in a court of another state ...