A v B

A v B

The child D was never habitually resident in Germany, as he was integrated into the family unit of B and C, who were habitually resident in England. Alternatively, even if D was habitually resident in Germany, the mother gave clear and unequivocal consent to his removal and subsequently acquiesced in his retention in England. Therefore, Article 3 of the Hague Convention is not engaged, or the exceptions under Article 13b apply, and no return order is warranted.

Parties
Applicant, Mother: A; Respondent, Father: B
Jurisdiction
England and Wales
Judgment Date
03 June 2015
Procedural Posture
Hague Convention Child Abduction Summary Return Application / Judgment After Full Hearing With Oral Evidence
Outcome
Application for summary return refused; child to remain in England.
Legal Topics
Habitual Residence, Consent, Acquiescence, Hague Convention 1980, Brussels II Revised Regulation
Family Law International Child Abduction Habitual Residence Consent Acquiescence Hague Convention 1980 Brussels II Revised Regulation

Case Brief

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Parties

A

Applicant, Mother

B

Respondent, Father

Procedural Posture

Hague Convention Child Abduction Summary Return Application / Judgment After Full Hearing With Oral Evidence

Legal Issues

  1. 1 Whether the child D was habitually resident in Germany at the relevant time
  2. 2 Whether the mother consented to or acquiesced in the child's removal and retention in England

Ratio Decidendi

The child D was never habitually resident in Germany, as he was integrated into the family unit of B and C, who were habitually resident in England. Alternatively, even if D was habitually resident in Germany, the mother gave clear and unequivocal consent to his removal and subsequently acquiesced in his retention in England. Therefore, Article 3 of the Hague Convention is not engaged, or the exceptions under Article 13b apply, and no return order is warranted.

Court Disposition

Application for summary return refused; child to remain in England.

Orders

  • No return order under the Hague Convention is made.
  • Any dispute about D's living and contact arrangements to be resolved in England.