AB v XY (Rev 1)

AB v XY (Rev 1)

The child Z never lost her English habitual residence due to lack of sufficient integration in Malta, frequent returns to England, and stronger familial and social ties in England. The father failed to discharge the burden of proof to establish Maltese habitual residence. Proceedings concerning Z must be in England.

Parties
Applicant: AB; Respondent: XY
Jurisdiction
England and Wales
Judgment Date
18 April 2019
Procedural Posture
Hague Convention Child Abduction / Final Judgment With Costs
Outcome
Application for summary return refused; costs awarded.
Legal Topics
Habitual Residence, Summary Return, Costs in Family Proceedings
Family Law International Child Abduction Habitual Residence Summary Return Costs in Family Proceedings

Case Brief

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Parties

AB

Applicant

XY

Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment With Costs

Legal Issues

  1. 1 Whether the child Z was habitually resident in Malta or England at the relevant time
  2. 2 Whether the summary return to Malta should be ordered under the Hague Convention
  3. 3 Appropriate costs order in Hague Convention proceedings

Ratio Decidendi

The child Z never lost her English habitual residence due to lack of sufficient integration in Malta, frequent returns to England, and stronger familial and social ties in England. The father failed to discharge the burden of proof to establish Maltese habitual residence. Proceedings concerning Z must be in England.

Court Disposition

Application for summary return refused; costs awarded.

Orders

  • No order for summary return of Z to Malta.
  • Father to pay mother one half of her costs (£18,096.60) within 28 days.