A v B

A was habitually resident in Hungary at the time of her removal to the UK, not Italy; therefore, Article 3 of the Hague Convention does not apply and the application for summary return fails.

Parties: Applicant Father: A A; Respondent Mother: A B
Jurisdiction: England and Wales
Judgment Date: 28 April 2015
Procedural Posture: Family / Judgment
Outcome: Application dismissed
Legal Topics: Habitual Residence, Summary Return, Hague Convention, Child Abduction and Custody Act 1985

Family Law International Child Abduction Habitual Residence Summary Return Hague Convention Child Abduction and Custody Act 1985

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

A A

Applicant Father

A B

Respondent Mother

Procedural Posture

Family / Judgment

Legal Issues

1 Whether the child A was habitually resident in Italy at the time of removal to the UK
2 Whether the removal was unlawful under Article 3 of the Hague Convention
3 Whether Article 13(b) defence applies

Ratio Decidendi

A was habitually resident in Hungary at the time of her removal to the UK, not Italy; therefore, Article 3 of the Hague Convention does not apply and the application for summary return fails.

Court Disposition

Application dismissed