D v E (Habitual Residence; Consent; Acquiescence)

D v E (Habitual Residence; Consent; Acquiescence)

At the relevant date in April 2023, X's habitual residence remained in Country B. The arrangements for X and the mother to be in England were temporary and contingent on reconciliation, with the mother consistently seeking and receiving assurances she could return to Country B. The father's removal of X's passport without the mother's knowledge amounted to a wrongful retention. The father failed to establish consent or acquiescence by the mother. Accordingly, the requirements for summary return under the Hague Convention were met.

Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Hague Convention Child Abduction / Judgment After Contested Hearing
Outcome
Mother's application for summary return of X to Country B granted.
Legal Topics
Habitual Residence, Consent Under Hague Convention, Acquiescence, Wrongful Retention, Summary Return of Child
Family Law International Child Abduction Habitual Residence Consent Under Hague Convention Acquiescence Wrongful Retention Summary Return of Child

Case Brief

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Parties

D

Applicant

E

Respondent

Procedural Posture

Family Law Hague Convention Child Abduction / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the child X was habitually resident in Country B or England at the relevant date
  2. 2 Whether the mother consented or acquiesced to X remaining in England
  3. 3 Whether the court should exercise its discretion to refuse return if a defence is established

Ratio Decidendi

At the relevant date in April 2023, X's habitual residence remained in Country B. The arrangements for X and the mother to be in England were temporary and contingent on reconciliation, with the mother consistently seeking and receiving assurances she could return to Country B. The father's removal of X's passport without the mother's knowledge amounted to a wrongful retention. The father failed to establish consent or acquiescence by the mother. Accordingly, the requirements for summary return under the Hague Convention were met.

Court Disposition

Mother's application for summary return of X to Country B granted.

Orders

  • X to be returned to Country B.