EC v BM

EC v BM

The father failed to prove on a balance of probabilities that either child was habitually resident in the USA on 9 June 2022. The children had lost habitual residence in Ukraine during their flight from war, acquired habitual residence in Italy during their stay, and lost it on departure. During the period in the USA, there was insufficient integration and stability for habitual residence to be established. The children were rootless between leaving Italy and arriving in England. As habitual residence in the USA was not established, the application for summary return fails.

Parties
Applicant: EC; Respondent: BM
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Abduction Under the Hague Convention / Final Judgment After Contested Hearing
Outcome
Application dismissed
Legal Topics
Child Abduction, Habitual Residence, Hague Convention 1980, Protective Measures, Parental Responsibility
Family Law International Law Child Abduction Habitual Residence Hague Convention 1980 Protective Measures Parental Responsibility

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Parties

EC

Applicant

BM

Respondent

Procedural Posture

Child Abduction Under the Hague Convention / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Were the children habitually resident in the USA immediately before their removal on 9 June 2022?
  2. 2 If so, is there a grave risk that returning the children to the USA would expose them to physical or psychological harm or otherwise place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention?

Ratio Decidendi

The father failed to prove on a balance of probabilities that either child was habitually resident in the USA on 9 June 2022. The children had lost habitual residence in Ukraine during their flight from war, acquired habitual residence in Italy during their stay, and lost it on departure. During the period in the USA, there was insufficient integration and stability for habitual residence to be established. The children were rootless between leaving Italy and arriving in England. As habitual residence in the USA was not established, the application for summary return fails.

Court Disposition

Application dismissed

Orders

  • The father's application for summary return of the children to the USA is dismissed.