O (Child Abduction: Habitual Residence) [2015] EWFC 16 (25 February 2015)

O (Child Abduction: Habitual Residence) [2015] EWFC 16 (25 February 2015)

C lost habitual residence in Mexico upon her relocation to England with her mother as part of a family plan to settle indefinitely; by the relevant dates, C was habitually resident in England, so there was no wrongful retention under the Hague Convention and the application for summary return must fail.

Citation
[2015] EWFC 16
Parties
Applicant: A; Respondent: S
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Child Abduction Summary Return Application Under the Hague Convention / Final Judgment After Full Hearing
Outcome
Application dismissed
Legal Topics
Habitual Residence, Wrongful Retention, Hague Convention 1980, Summary Return, Parental Rights
Family Law International Child Abduction Habitual Residence Wrongful Retention Hague Convention 1980 Summary Return Parental Rights

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

A

Applicant

S

Respondent

Procedural Posture

Child Abduction Summary Return Application Under the Hague Convention / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the child C was habitually resident in Mexico at the time of alleged wrongful retention
  2. 2 Whether there was a wrongful retention under Article 3 of the Hague Convention
  3. 3 Whether summary return to Mexico should be ordered

Ratio Decidendi

C lost habitual residence in Mexico upon her relocation to England with her mother as part of a family plan to settle indefinitely; by the relevant dates, C was habitually resident in England, so there was no wrongful retention under the Hague Convention and the application for summary return must fail.

Court Disposition

Application dismissed

Orders

  • Mother's application for summary return of C to Mexico is refused
  • Directions to be given for further proceedings regarding C's welfare