BP v DP (Children: Habitual Residence)

BP v DP (Children: Habitual Residence)

The children were habitually resident in England and Wales at the time of the alleged wrongful retention. Therefore, the retention by the father was not wrongful under the Hague Convention, and the application for summary return must be dismissed.

Parties
Applicant: BP; Respondent: DP
Jurisdiction
England and Wales
Judgment Date
21 March 2016
Procedural Posture
Hague Convention Child Abduction Application / Judgment
Outcome
Application dismissed
Legal Topics
Habitual Residence, Wrongful Retention, Summary Return, Children's Objections, Protective Measures
Family Law International Child Abduction Habitual Residence Wrongful Retention Summary Return Children's Objections Protective Measures

Case Brief

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Parties

BP

Applicant

DP

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in England at the time of alleged wrongful retention
  2. 2 Whether the father's retention of the children was wrongful under the Hague Convention
  3. 3 Whether anticipatory breach can constitute wrongful retention

Ratio Decidendi

The children were habitually resident in England and Wales at the time of the alleged wrongful retention. Therefore, the retention by the father was not wrongful under the Hague Convention, and the application for summary return must be dismissed.

Court Disposition

Application dismissed