M v JM

M v JM

The court found that the father gave clear and cogent consent to the mother bringing the children to England and remaining there alone, and that there was no effective rescission of that consent. The court declined to exercise its discretion to order the return of the children, as the father’s change of mind was motivated by financial consequences rather than any lack of consent.

Parties
Applicant: Dr N M; Respondent: Mrs J M
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Application dismissed
Legal Topics
Hague Convention, Consent to Removal, Custody Rights, Discretion Under Article 13
Family Law International Child Abduction Hague Convention Consent to Removal Custody Rights Discretion Under Article 13

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Parties

Dr N M

Applicant

Mrs J M

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father consented to the removal of the children from Greece to England under the Hague Convention
  2. 2 Whether any consent was subsequently rescinded
  3. 3 Whether the court should exercise its discretion to order the return of the children

Ratio Decidendi

The court found that the father gave clear and cogent consent to the mother bringing the children to England and remaining there alone, and that there was no effective rescission of that consent. The court declined to exercise its discretion to order the return of the children, as the father’s change of mind was motivated by financial consequences rather than any lack of consent.

Court Disposition

Application dismissed

Orders

  • Application for immediate return of the children to Greece dismissed