C (Abduction: Settlement), Re

C (Abduction: Settlement), Re

Once settlement is established in a more-than-one-year case under Article 12(2), the Convention does not permit a return order; concealment does not prevent time running, and Article 18 does not create a residual discretion. The child was found to be settled in her new environment, so the Hague application fails.

Parties
Advocate for Plaintiff Father: Henry Setright QC; Advocate for Defendant Mother: Alison Ball QC; Advocate for Defendant Mother: James Gatenby; Advocate to the Court: Michael Nicholls
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Child Abduction and Custody / Judgment After Substantive Hearing
Outcome
Hague Convention application for return dismissed; child found settled in new environment.
Legal Topics
Child Abduction, Hague Convention, Settlement, Custody, Jurisdiction, Discretion Under Hague Convention
Family Law International Law Child Abduction Hague Convention Settlement Custody Jurisdiction Discretion Under Hague Convention

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Parties

Henry Setright QC

Advocate for Plaintiff Father

Alison Ball QC

Advocate for Defendant Mother

James Gatenby

Advocate for Defendant Mother

Michael Nicholls

Advocate to the Court

Procedural Posture

Child Abduction and Custody / Judgment After Substantive Hearing

Legal Issues

  1. 1 Does Article 12(2) of the Hague Convention bar a return order if settlement is established after one year?
  2. 2 Does concealment of the child affect the running of the one-year period under Article 12(2)?
  3. 3 Does Article 18 create a residual discretion to order return under the Convention?

Ratio Decidendi

Once settlement is established in a more-than-one-year case under Article 12(2), the Convention does not permit a return order; concealment does not prevent time running, and Article 18 does not create a residual discretion. The child was found to be settled in her new environment, so the Hague application fails.

Court Disposition

Hague Convention application for return dismissed; child found settled in new environment.

Orders

  • No order for return under the Hague Convention.
  • Directions to proceed with welfare-based investigation under domestic law.