E v D

E v D

V was habitually resident in Malta at the time of retention; the mother neither consented nor acquiesced to retention in England; no grave risk of harm or intolerable situation shown; summary return to Malta is required under the 1980 Hague Convention.

Parties
Applicant: E; Respondent: D
Jurisdiction
England and Wales
Judgment Date
12 April 2022
Procedural Posture
Child Abduction and Custody Act 1985 Application (1980 Hague Convention) / Final Judgment on Summary Return Order
Outcome
Return order granted; V to be returned to Malta with the mother.
Legal Topics
Habitual Residence, Consent and Acquiescence, Grave Risk of Harm, Summary Return Order, Parental Rights of Custody
Family Law International Child Abduction Habitual Residence Consent and Acquiescence Grave Risk of Harm Summary Return Order Parental Rights of Custody

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Parties

E

Applicant

D

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application (1980 Hague Convention) / Final Judgment on Summary Return Order

Legal Issues

  1. 1 Was V habitually resident in Malta at the time of retention?
  2. 2 Did the mother consent or acquiesce to the retention of V in England and Wales?
  3. 3 Would return to Malta expose V to grave risk of harm or intolerable situation?

Ratio Decidendi

V was habitually resident in Malta at the time of retention; the mother neither consented nor acquiesced to retention in England; no grave risk of harm or intolerable situation shown; summary return to Malta is required under the 1980 Hague Convention.

Court Disposition

Return order granted; V to be returned to Malta with the mother.

Orders

  • Return order pursuant to Art 12 of the 1980 Hague Convention.
  • Permission to disclose judgment to Maltese court.