Alcott (No. 1) [2016] EWHC 2413 (Fam) (27 September 2016)

Alcott (No. 1) [2016] EWHC 2413 (Fam) (27 September 2016)

D did not acquire habitual residence in Australia because the stay was brief, lacked stability, and neither D nor the mother were sufficiently integrated into Australian social and family life. The move was conditional and not permanent, and the evidence supported the mother's account. D remained habitually resident...

Source-derived case information.

Citation
[2016] EWHC 2413 (Fam)
Parties
Applicant/father: Ben Alcott; Respondent/mother: Katy Ashworth
Jurisdiction
England and Wales
Judgment Date
27 September 2016
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Habitual Residence, Summary Return, Hague Convention 1980, Child Abduction
Family Law International Child Abduction Habitual Residence Summary Return Hague Convention 1980 Child Abduction

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Parties

Ben Alcott

Applicant/father

Katy Ashworth

Respondent/mother

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the child D was habitually resident in Australia immediately before 12.04.16
  2. 2 Whether the removal of D from Australia was wrongful under the Hague Convention 1980

Ratio Decidendi

D did not acquire habitual residence in Australia because the stay was brief, lacked stability, and neither D nor the mother were sufficiently integrated into Australian social and family life. The move was conditional and not permanent, and the evidence supported the mother's account. D remained habitually resident in England.

Court Disposition

Application dismissed

Orders

  • Father's application for summary return of D to Australia is dismissed
  • Mother did not wrongfully remove or abduct D from Australia