J (Habitual Residence: Acquiescence), Re
By 20 May 2023, J had achieved a sufficient degree of integration into life in England to be habitually resident there; therefore, the application for summary return under the Hague Convention fails. Alternatively, the father acquiesced in J's retention in England, and the Article 13 exception is made out.
- Parties
- Applicant: CA; Respondent: RA
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Hague Convention Child Abduction Application / Final Judgment
- Outcome
- Application for return of child to Canada dismissed
- Legal Topics
- Habitual Residence, Acquiescence, Consent, Summary Return of Child, Article 13(b) Exception
Case Brief
Summary, issues, holding and outcome
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Parties
CA
Applicant
RA
Respondent
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Legal Issues
- 1 Was the child J habitually resident in Canada or England at the date of alleged wrongful retention?
- 2 Did the father consent to or acquiesce in J's retention in England?
- 3 Should the court order the summary return of J to Canada under the 1980 Hague Convention?
Ratio Decidendi
By 20 May 2023, J had achieved a sufficient degree of integration into life in England to be habitually resident there; therefore, the application for summary return under the Hague Convention fails. Alternatively, the father acquiesced in J's retention in England, and the Article 13 exception is made out.
Court Disposition
Application for return of child to Canada dismissed
Orders
- Application for summary return of J to Canada is dismissed
- Leave granted for judgment to be reported, subject to anonymity
Full Case Text
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