FT and NT (Children), Re

FT and NT (Children), Re

The children were habitually resident in Canada at the time of their removal, based on the totality of evidence including permanent relocation, employment, schooling, and integration. There was no credible evidence of a pre-existing agreement to return to England if unsettled. The father's unilateral removal constituted wrongful abduction under the Hague Convention.

Parties
Applicant, Mother: JT; Respondent, Father: GT
Jurisdiction
England and Wales
Judgment Date
11 April 2013
Procedural Posture
Family / Final Judgment on Application for Summary Return
Outcome
Application for summary return granted
Legal Topics
Habitual Residence, Summary Return, Hague Convention
Family Law International Child Abduction Habitual Residence Summary Return Hague Convention

Case Brief

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Parties

JT

Applicant, Mother

GT

Respondent, Father

Procedural Posture

Family / Final Judgment on Application for Summary Return

Legal Issues

  1. 1 Whether the children had acquired habitual residence in Canada by February 2013
  2. 2 Whether the father's removal of the children to England constituted abduction under the Hague Convention

Ratio Decidendi

The children were habitually resident in Canada at the time of their removal, based on the totality of evidence including permanent relocation, employment, schooling, and integration. There was no credible evidence of a pre-existing agreement to return to England if unsettled. The father's unilateral removal constituted wrongful abduction under the Hague Convention.

Court Disposition

Application for summary return granted

Orders

  • Children to be returned to Canada forthwith
  • Anonymity of children and family members to be strictly preserved in reporting