F v S

F v S

The child ceased to be habitually resident in Spain and became habitually resident in England prior to July 2011, and there was no express or tacit consent by the father to a change back to habitual residence in Spain. Therefore, the Hague Convention was not engaged and the application for summary return was dismissed.

Parties
Applicant/mother: E F; Respondent/father: M G S
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Hague Convention Child Abduction Application / Judgment on Application for Summary Return of Child
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

E F

Applicant/mother

M G S

Respondent/father

Procedural Posture

Hague Convention Child Abduction Application / Judgment on Application for Summary Return of Child

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 the retention of the child in England was wrongful under the Hague Convention

Ratio Decidendi

The child ceased to be habitually resident in Spain and became habitually resident in England prior to July 2011, and there was no express or tacit consent by the father to a change back to habitual residence in Spain. Therefore, the Hague Convention was not engaged and the application for summary return was dismissed.

Court Disposition

Application dismissed

Orders

  • Stay on Portsmouth County Court proceedings removed; further disputes to be resolved in that court.