AB v CD

AB v CD

The mother established, on the balance of probabilities, that the father consented to the removal of the children to England. The father's subsequent withdrawal of consent occurred before the children acquired habitual residence in England, but the court exercised its discretion not to order return, considering the children's objections, the risk of intolerable situation, and their current settled status in the UK.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
05 August 2025
Procedural Posture
Child Abduction (hague Convention) / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention, Habitual Residence, Consent, Child Objections, Intolerable Situation, Summary Return
Family Law International Law Child Abduction Hague Convention Habitual Residence Consent Child Objections Intolerable Situation +1 more

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Child Abduction (hague Convention) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the removal of the children from Spain to England was wrongful under the Hague Convention
  2. 2 Whether the father consented to or acquiesced in the removal or retention
  3. 3 Whether the children object to return and have sufficient maturity for their views to be considered

Ratio Decidendi

The mother established, on the balance of probabilities, that the father consented to the removal of the children to England. The father's subsequent withdrawal of consent occurred before the children acquired habitual residence in England, but the court exercised its discretion not to order return, considering the children's objections, the risk of intolerable situation, and their current settled status in the UK.

Court Disposition

Application dismissed

Orders

  • No return order is made under the Hague Convention
  • Any further litigation regarding the children must take place in the UK