CA v KA

CA v KA

The father consented to IA's continued presence in the UK, establishing acquiescence under Article 13.1(a). The court declined to exercise discretion to order IA's return, respecting the primacy of the German court's jurisdiction.

Parties
Applicant Father: CA; Respondent Mother: KA
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Application for Summary Return of Child Under Hague Convention / Judgment
Outcome
Application dismissed
Legal Topics
Hague Convention 1980, Child Custody, Acquiescence, Jurisdiction
Family Law International Child Abduction Hague Convention 1980 Child Custody Acquiescence Jurisdiction

Case Brief

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Parties

CA

Applicant Father

KA

Respondent Mother

Procedural Posture

Application for Summary Return of Child Under Hague Convention / Judgment

Legal Issues

  1. 1 Whether the retention of IA in the UK was wrongful under Article 3 of the 1980 Hague Convention
  2. 2 Whether the father acquiesced to IA's retention under Article 13
  3. 3 Whether the court should exercise discretion to order IA's return to Germany

Ratio Decidendi

The father consented to IA's continued presence in the UK, establishing acquiescence under Article 13.1(a). The court declined to exercise discretion to order IA's return, respecting the primacy of the German court's jurisdiction.

Court Disposition

Application dismissed

Orders

  • No order for return of IA to Germany
  • Decision left to German court