DL v EL

DL v EL

The appeal is dismissed because the child lost habitual residence in the USA upon lawful removal under court order, and the appellate reversal does not render the removal wrongful or justify summary return under the Hague Convention.

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
Family Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Habitual Residence, Hague Convention, Child Custody, Appeal Procedure
Family Law International Child Abduction Habitual Residence Hague Convention Child Custody Appeal Procedure

Case Brief

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Parties

DL

Appellant

EL

Respondent

Reunite International Child Abduction Centre

Intervener

Centre for Family Law and Practice

Intervener

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a child loses habitual residence when a return order is implemented under the Hague Convention and subsequently set aside
  2. 2 Whether an appeal against a return order after the child's departure is academic or reversible
  3. 3 Whether the removal of the child becomes wrongful after appellate reversal

Ratio Decidendi

The appeal is dismissed because the child lost habitual residence in the USA upon lawful removal under court order, and the appellate reversal does not render the removal wrongful or justify summary return under the Hague Convention.

Court Disposition

appeal dismissed