AC v NC

AC v NC

K acquired habitual residence in England well before Easter 2020 due to a planned, agreed relocation; there was no wrongful removal or retention under the Hague Convention, and the father’s complaint relates to access rights, not custody.

Parties
Applicant: AC; Respondent: NC
Jurisdiction
England and Wales
Judgment Date
21 April 2021
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Habitual Residence, Wrongful Removal, Wrongful Retention, Rights of Access
Family Law International Child Abduction Habitual Residence Wrongful Removal Wrongful Retention Rights of Access

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Parties

AC

Applicant

NC

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Was the child K wrongfully removed or retained under the Hague Convention?
  2. 2 Did K acquire habitual residence in England before the alleged wrongful retention?
  3. 3 Does breach of access rights under the Convention entitle the father to a return order?

Ratio Decidendi

K acquired habitual residence in England well before Easter 2020 due to a planned, agreed relocation; there was no wrongful removal or retention under the Hague Convention, and the father’s complaint relates to access rights, not custody.

Court Disposition

Application dismissed

Orders

  • The father’s application of 19 January 2021 is dismissed.
  • Leave granted to disclose the un-anonymised judgment and electronic court bundle to the court in State A.