F v S [2011] EWHC 3139 (Fam) (18 November 2011)

F v S [2011] EWHC 3139 (Fam) (18 November 2011)

The child was not habitually resident in Spain on 26 August 2011 because the family had established habitual residence in England prior to July 2011, and there was no express or tacit consent by the father to a change back to Spain. Therefore, the Hague Convention was not engaged and the application for return must be dismissed.

Citation
[2011] EWHC 3139 (Fam)
Parties
Applicant/mother: F; Respondent/father: M G S
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Application Under Hague Convention (international Child Abduction) / Final Judgment in High Court, Family Division
Outcome
Application dismissed
Legal Topics
Habitual Residence, Child Abduction, Hague Convention, Parental Responsibility
Family Law International Law Habitual Residence Child Abduction Hague Convention Parental Responsibility

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Parties

F

Applicant/mother

M G S

Respondent/father

Procedural Posture

Application Under Hague Convention (international Child Abduction) / Final Judgment in High Court, Family Division

Legal Issues

  1. 1 Whether the child was habitually resident in Spain on 26 August 2011 for the purposes of the Hague Convention
  2. 2 Whether there was wrongful retention under the Hague Convention

Ratio Decidendi

The child was not habitually resident in Spain on 26 August 2011 because the family had established habitual residence in England prior to July 2011, and there was no express or tacit consent by the father to a change back to Spain. Therefore, the Hague Convention was not engaged and the application for return must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application under the Hague Convention for return of the child to Spain is dismissed.
  • Stay on Portsmouth County Court proceedings is removed; further disputes to be resolved there.