DL v EL [2013] EWCA Civ 865 (16 July 2013)

DL v EL [2013] EWCA Civ 865 (16 July 2013)

A child removed from a country pursuant to a lawful court order loses habitual residence in that country, even if the order is later set aside on appeal. The removal does not become wrongful retroactively, and the remedy for the successful appellant lies under Article 18 of the Hague Convention or the inherent...

Source-derived case information.

Citation
[2013] EWCA Civ 865
Parties
Appellant: DL; Respondent: EL; Intervener: Reunite International Child Abduction Centre; Intervener: Centre for Family Law and Practice
Jurisdiction
England and Wales
Judgment Date
16 July 2013
Procedural Posture
Appeal From High Court (family Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Habitual Residence, Hague Convention 1980, Return Orders, Parental Responsibility, Jurisdictional Conflict
Family Law International Child Abduction Habitual Residence Hague Convention 1980 Return Orders Parental Responsibility Jurisdictional Conflict

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Parties

DL

Appellant

EL

Respondent

Reunite International Child Abduction Centre

Intervener

Centre for Family Law and Practice

Intervener

Procedural Posture

Appeal From High Court (family Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a child loses habitual residence when a return order is implemented and later set aside on appeal
  2. 2 Whether an appeal against a return order after the child's departure is academic or reversible
  3. 3 Whether the removal becomes wrongful if the return order is later overturned

Ratio Decidendi

A child removed from a country pursuant to a lawful court order loses habitual residence in that country, even if the order is later set aside on appeal. The removal does not become wrongful retroactively, and the remedy for the successful appellant lies under Article 18 of the Hague Convention or the inherent jurisdiction, not under the Convention's summary return provisions.

Court Disposition

Appeal dismissed