O (A Child)

O (A Child)

The judge was entitled to find E habitually resident in Turkey, removal breached the father's custody rights, and there was no acquiescence; the mother's appeal was unarguable and permission was refused.

Source-derived case information.

Parties
Applicant: Applicant mother; Respondent: Respondent father
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Habitual Residence, Rights of Custody, Acquiescence Under Hague Convention
Family Law International Child Abduction Habitual Residence Rights of Custody Acquiescence Under Hague Convention

Source-derived case record

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Parties

Applicant mother

Applicant

Respondent father

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the child E was habitually resident in Turkey immediately before removal
  2. 2 Whether removal breached the father's rights of custody under Turkish law
  3. 3 Whether the father acquiesced in the removal under Article 13 of the Hague Convention

Ratio Decidendi

The judge was entitled to find E habitually resident in Turkey, removal breached the father's custody rights, and there was no acquiescence; the mother's appeal was unarguable and permission was refused.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Stay of execution of return order lifted