DB v CB
AB was habitually resident in England and Wales on 31st August 2017; therefore, the father's application for return under the Hague Convention fails as there was no wrongful removal from Switzerland.
- Parties
- Applicant: DB; Respondent: CB
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2017
- Procedural Posture
- Child Abduction Application Under Hague Convention / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- Habitual Residence, Hague Convention, Child Custody, Wrongful Removal
Case Brief
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Parties
DB
Applicant
CB
Respondent
Procedural Posture
Child Abduction Application Under Hague Convention / Final Judgment
Legal Issues
- 1 Where was AB habitually resident prior to September 2016?
- 2 Did AB become habitually resident in England and Wales after September 2016?
- 3 Did AB continue to be habitually resident in England and Wales on 31st August 2017?
Ratio Decidendi
AB was habitually resident in England and Wales on 31st August 2017; therefore, the father's application for return under the Hague Convention fails as there was no wrongful removal from Switzerland.
Court Disposition
Application dismissed
Orders
- Father's application for relief pursuant to the Hague Convention is dismissed
Full Case Text
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