FT and NT (Children), Re [2013] EWHC 850 (Fam) (11 April 2013)
The children were habitually resident in Canada at the time of their removal. The evidence overwhelmingly supports that the family had relocated to Canada with the intention to settle, and the father's claim of a pre-existing agreement to return to England is unsupported. The removal was therefore wrongful under the Hague Convention.
- Citation
- [2013] EWHC 850 (Fam)
- Parties
- Applicant, Mother: JT; Respondent, Father: GT
- Jurisdiction
- England and Wales
- Judgment Date
- 11 April 2013
- Procedural Posture
- Application for Summary Return of Children Under the Hague Convention / Final Hearing and Judgment
- Outcome
- Application granted
- Legal Topics
- Habitual Residence, Summary Return, Hague Convention, Parental Responsibility
Case Brief
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Parties
JT
Applicant, Mother
GT
Respondent, Father
Procedural Posture
Application for Summary Return of Children Under the Hague Convention / Final Hearing and Judgment
Legal Issues
- 1 Whether the children were habitually resident in Canada at the time of their removal to England
- 2 Whether the removal of the children by the father was wrongful under the Hague Convention
Ratio Decidendi
The children were habitually resident in Canada at the time of their removal. The evidence overwhelmingly supports that the family had relocated to Canada with the intention to settle, and the father's claim of a pre-existing agreement to return to England is unsupported. The removal was therefore wrongful under the Hague Convention.
Court Disposition
Application granted
Orders
- Summary return of the children to Canada
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