L v D

L v D

Sophia had achieved a sufficient degree of social and familial integration in England by 30 May 2024 to establish habitual residence there; therefore, retention was not wrongful under the Hague Convention and the court lacked jurisdiction to order summary return.

Parties
Applicant Mother: L; Respondent Father: D
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Habitual Residence, Wrongful Retention, Summary Return, Article 13 Grave Risk, Child's Objections
Family Law International Child Abduction Habitual Residence Wrongful Retention Summary Return Article 13 Grave Risk Child's Objections

Case Brief

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Parties

L

Applicant Mother

D

Respondent Father

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether Sophia's habitual residence was in Colombia or England at the relevant date
  2. 2 Whether the father's retention of Sophia was wrongful under the Hague Convention
  3. 3 Whether Article 13(b) grave risk of harm defence applies

Ratio Decidendi

Sophia had achieved a sufficient degree of social and familial integration in England by 30 May 2024 to establish habitual residence there; therefore, retention was not wrongful under the Hague Convention and the court lacked jurisdiction to order summary return.

Court Disposition

Application dismissed for want of jurisdiction.