B v L

B v L

M was habitually resident in England at the time of removal and at the time of the father's application; the father had acquired inchoate rights of custody and was exercising them; the removal to Poland was wrongful under the Hague Conventions; the English court retains jurisdiction; parental responsibility should be granted to the father.

Parties
Applicant: B; Respondent: L
Jurisdiction
England and Wales
Judgment Date
17 August 2022
Procedural Posture
Family / Judgment
Outcome
Declarations granted; parental responsibility order made; application for return adjourned.
Legal Topics
Habitual Residence, Rights of Custody, Parental Responsibility, Wrongful Removal, Jurisdiction, Hague Convention
Family Law International Child Abduction Habitual Residence Rights of Custody Parental Responsibility Wrongful Removal Jurisdiction Hague Convention

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Parties

B

Applicant

L

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Was M habitually resident in England at the time of removal?
  2. 2 Did the father have rights of custody at the time of removal?
  3. 3 Was the removal to Poland wrongful under the Hague Conventions?

Ratio Decidendi

M was habitually resident in England at the time of removal and at the time of the father's application; the father had acquired inchoate rights of custody and was exercising them; the removal to Poland was wrongful under the Hague Conventions; the English court retains jurisdiction; parental responsibility should be granted to the father.

Court Disposition

Declarations granted; parental responsibility order made; application for return adjourned.

Orders

  • Declaration that M was habitually resident in England and Wales as at 7 March 2022.
  • Declaration that M was habitually resident in England and Wales on 6 April 2022 and 7 April 2022.