A v T [2011] EWHC B28 (Fam) (09 December 2011)

A v T [2011] EWHC B28 (Fam) (09 December 2011)

The father gave clear and unequivocal consent to the mother removing the children permanently from Sweden, as evidenced by the 2006 agreement and subsequent written and oral confirmations. This consent was never withdrawn or superseded by later events, including the temporary removal in June 2011. Therefore, the defence of consent under Article 13 of the Hague Convention is made out, and the court exercises its discretion to refuse the order for summary return of the children to Sweden.

Citation
[2011] EWHC B28 (Fam)
Parties
Applicant/father: EA; Respondent/mother: CT
Jurisdiction
England and Wales
Judgment Date
09 December 2011
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Application for summary return of the children to Sweden refused.
Legal Topics
International Child Abduction, Hague Convention, Parental Responsibility, Consent and Acquiescence, Jurisdiction
Family Law International Law International Child Abduction Hague Convention Parental Responsibility Consent and Acquiescence Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

EA

Applicant/father

CT

Respondent/mother

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Did the father give clear and unequivocal consent to the permanent removal or retention of the children in England?
  2. 2 If not, did the father subsequently acquiesce in the removal or retention?
  3. 3 Should the court exercise its discretion to order summary return under Article 13 of the Hague Convention?

Ratio Decidendi

The father gave clear and unequivocal consent to the mother removing the children permanently from Sweden, as evidenced by the 2006 agreement and subsequent written and oral confirmations. This consent was never withdrawn or superseded by later events, including the temporary removal in June 2011. Therefore, the defence of consent under Article 13 of the Hague Convention is made out, and the court exercises its discretion to refuse the order for summary return of the children to Sweden.

Court Disposition

Application for summary return of the children to Sweden refused.

Orders

  • No order for return of the children to Sweden under the Hague Convention.