VK v JV [2012] EWHC 4033 (Fam) (26 November 2012)

VK v JV [2012] EWHC 4033 (Fam) (26 November 2012)

AK was habitually resident in Latvia at the time of her removal on 16 January 2012, and the father had given clear and unequivocal consent to her removal to England. SK was habitually resident in Latvia at the time of her removal on 27 July 2012, but the father had withdrawn his consent prior to removal, making the removal wrongful under the Hague Convention. The mother's Article 13(b) defence and requests for discretionary refusal or stay were rejected.

Citation
[2012] EWHC 4033 (Fam)
Parties
Mother/respondent: JV; Father/applicant: VK; Aunt/interested Party: AS
Jurisdiction
England and Wales
Judgment Date
26 November 2012
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Final Hearing
Outcome
Return of SK to Latvia ordered; no order for return of AK.
Legal Topics
Child Abduction, Habitual Residence, Consent Under Hague Convention, Return of Children, Parental Rights
Family Law International Law Child Abduction Habitual Residence Consent Under Hague Convention Return of Children Parental Rights

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Parties

JV

Mother/respondent

VK

Father/applicant

AS

Aunt/interested Party

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Final Hearing

Legal Issues

  1. 1 Were the children habitually resident in Latvia at the time of removal?
  2. 2 Did the father consent to the removal of the children from Latvia to England?
  3. 3 Should the court exercise discretion to refuse return or stay the order?

Ratio Decidendi

AK was habitually resident in Latvia at the time of her removal on 16 January 2012, and the father had given clear and unequivocal consent to her removal to England. SK was habitually resident in Latvia at the time of her removal on 27 July 2012, but the father had withdrawn his consent prior to removal, making the removal wrongful under the Hague Convention. The mother's Article 13(b) defence and requests for discretionary refusal or stay were rejected.

Court Disposition

Return of SK to Latvia ordered; no order for return of AK.

Orders

  • SK to be returned to Latvia unless the mother obtains interim permission to remain from the Latvian court within a specified period.
  • No order for the return of AK as the father consented to her removal.