E v E [2007] EWHC 276 (Fam) (20 February 2007)

E v E [2007] EWHC 276 (Fam) (20 February 2007)

The children were habitually resident in England at the time of the alleged wrongful retention in April 2006, as their stay in Australia was not for a settled purpose or with a settled intention to reside. The Hague Convention was not engaged. Even under the court's inherent jurisdiction, the welfare of the children, their objections, and their settled life in England militated against ordering their return to Australia.

Citation
[2007] EWHC 276 (Fam)
Parties
Applicant: E (Applicant); Respondent: E (Respondent)
Jurisdiction
England and Wales
Judgment Date
20 February 2007
Procedural Posture
Hague Convention Child Abduction Proceedings / Judgment After Full Hearing
Outcome
Application refused
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Inherent Jurisdiction, Welfare of the Child
Family Law International Law Child Abduction Habitual Residence Hague Convention Inherent Jurisdiction Welfare of the Child

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Parties

E (Applicant)

Applicant

E (Respondent)

Respondent

Procedural Posture

Hague Convention Child Abduction Proceedings / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the children were habitually resident in Australia at the time of alleged wrongful retention
  2. 2 Whether the Hague Convention is engaged
  3. 3 Whether there is a grave risk of harm if children are returned to Australia

Ratio Decidendi

The children were habitually resident in England at the time of the alleged wrongful retention in April 2006, as their stay in Australia was not for a settled purpose or with a settled intention to reside. The Hague Convention was not engaged. Even under the court's inherent jurisdiction, the welfare of the children, their objections, and their settled life in England militated against ordering their return to Australia.

Court Disposition

Application refused

Orders

  • Father's application for return of the children to Australia under the Hague Convention is refused.
  • No order for return under the court's inherent jurisdiction.