P and O (Child Abduction: Anticipatory Breach) [2016] EWHC 3535 (Fam) (10 November 2016)

P and O (Child Abduction: Anticipatory Breach) [2016] EWHC 3535 (Fam) (10 November 2016)

By 28 June 2016, the children had acquired habitual residence in England, so their retention in England beyond that date did not amount to wrongful retention under the Hague Convention; anticipatory breach is not a binding legal principle for wrongful retention.

Source-derived case information.

Citation
[2016] EWHC 3535 (Fam)
Parties
Applicant Father: BC; Respondent Mother: JC
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
application dismissed
Legal Topics
Child Abduction, Habitual Residence, Wrongful Retention, Hague Convention
Family Law International Law Child Abduction Habitual Residence Wrongful Retention Hague Convention

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Parties

BC

Applicant Father

JC

Respondent Mother

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the children were wrongfully retained in England under the Hague Convention
  2. 2 Whether anticipatory breach can constitute wrongful retention
  3. 3 Whether the children had acquired habitual residence in England

Ratio Decidendi

By 28 June 2016, the children had acquired habitual residence in England, so their retention in England beyond that date did not amount to wrongful retention under the Hague Convention; anticipatory breach is not a binding legal principle for wrongful retention.

Court Disposition

application dismissed