K v K [2009] EWHC 2721 (Fam) (30 October 2009)

K v K [2009] EWHC 2721 (Fam) (30 October 2009)

The father gave full prior consent to the mother's removal of the children to England on 10 March 2009; his subsequent change of mind did not invalidate that consent, and the mother's return to Ireland in June 2009 was for a holiday only. The court, exercising its discretion, declined to order the children's return to Ireland.

Citation
[2009] EWHC 2721 (Fam)
Parties
Applicant: D K; Respondent: E K
Jurisdiction
England and Wales
Judgment Date
30 October 2009
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention, Consent to Removal, Habitual Residence, Summary Return
Family Law International Law Child Abduction Hague Convention Consent to Removal Habitual Residence Summary Return

Case Brief

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Parties

D K

Applicant

E K

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the mother proved the father consented to removal of children from Ireland to England on 10 March 2009
  2. 2 Whether any subsequent change of mind by the father invalidated prior consent
  3. 3 Whether the mother's return to Ireland in June 2009 was a holiday or a permanent return

Ratio Decidendi

The father gave full prior consent to the mother's removal of the children to England on 10 March 2009; his subsequent change of mind did not invalidate that consent, and the mother's return to Ireland in June 2009 was for a holiday only. The court, exercising its discretion, declined to order the children's return to Ireland.

Court Disposition

Application dismissed

Orders

  • Originating summons dismissed
  • No order for return of the children to Ireland