Amine v Amine

Amine v Amine

The children were habitually resident in Morocco at the time of removal, the father was exercising rights of custody, the mother did not have permission to relocate, and the children's objections were not independently formed. The removal was wrongful under the Hague Convention and the children must be returned to Morocco.

Parties
Applicant Father: Yousef Amine; Respondent Mother: Maater Touati Amine
Jurisdiction
England and Wales
Judgment Date
13 July 2020
Procedural Posture
Child Abduction Under the 1980 Hague Convention / Final Judgment on Third Set of Abduction Proceedings
Outcome
Application granted. Children to be returned to Morocco.
Legal Topics
Habitual Residence, Rights of Custody, Summary Return, Defences Under Hague Convention, Child's Objections, Moroccan Family Law
Family Law International Child Abduction Habitual Residence Rights of Custody Summary Return Defences Under Hague Convention Child's Objections Moroccan Family Law

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Parties

Yousef Amine

Applicant Father

Maater Touati Amine

Respondent Mother

Procedural Posture

Child Abduction Under the 1980 Hague Convention / Final Judgment on Third Set of Abduction Proceedings

Legal Issues

  1. 1 Whether the children were habitually resident in Morocco at the time of removal
  2. 2 Whether the father was exercising rights of custody
  3. 3 Whether the mother had permission to relocate the children to England

Ratio Decidendi

The children were habitually resident in Morocco at the time of removal, the father was exercising rights of custody, the mother did not have permission to relocate, and the children's objections were not independently formed. The removal was wrongful under the Hague Convention and the children must be returned to Morocco.

Court Disposition

Application granted. Children to be returned to Morocco.

Orders

  • Mother to return children to Morocco as soon as safe travel is possible.
  • Mother to pay for flights for herself and the children.