D v S [2008] EWHC 363 (Fam) (19 March 2008)

D v S [2008] EWHC 363 (Fam) (19 March 2008)

The court found that the Hague Convention applied and that the court's discretion to order return was triggered by acquiescence but not consent. After a full welfare inquiry, the court concluded that the child's welfare would be best promoted by permitting the father to take the child back to live in Mexico, and thus ordered the return to Mexico.

Citation
[2008] EWHC 363 (Fam)
Parties
Petitioner/applicant/defendant/mother: D; Respondent/plaintiff/father: S
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Family Law Child Abduction and Custody, Residence and Contact / Final Judgment After Full Evidentiary Hearing
Outcome
Application granted. Permission given for the father to take the child back to Mexico to live.
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Inherent Jurisdiction, Children Act 1989, Child Welfare, Habitual Residence, Consent and Acquiescence, Summary Return, Parental Responsibility
Family Law International Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Inherent Jurisdiction Children Act 1989 Child Welfare Habitual Residence Consent and Acquiescence +2 more

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Parties

D

Petitioner/applicant/defendant/mother

S

Respondent/plaintiff/father

Procedural Posture

Family Law Child Abduction and Custody, Residence and Contact / Final Judgment After Full Evidentiary Hearing

Legal Issues

  1. 1 Does the Hague Convention apply to the removal/retention of the child?
  2. 2 Is the court's discretion under the Convention triggered by acquiescence or consent?
  3. 3 Should the court order the summary return of the child to Mexico?

Ratio Decidendi

The court found that the Hague Convention applied and that the court's discretion to order return was triggered by acquiescence but not consent. After a full welfare inquiry, the court concluded that the child's welfare would be best promoted by permitting the father to take the child back to live in Mexico, and thus ordered the return to Mexico.

Court Disposition

Application granted. Permission given for the father to take the child back to Mexico to live.

Orders

  • The father is permitted to take the child (E) back to Mexico to live there.
  • The detail and timing of the return to be agreed or determined following this judgment.