F v M & Anor [2008] EWHC 1525 (Fam) (02 July 2008)

F v M & Anor [2008] EWHC 1525 (Fam) (02 July 2008)

F did not acquiesce in N's removal or retention within the meaning of Article 13(a); N is now settled in England within the meaning of Article 12, so the court exercises discretion not to order N's return to Poland.

Citation
[2008] EWHC 1525 (Fam)
Parties
Plaintiff: F; 1st Defendant: M; 2nd Defendant: N (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
02 July 2008
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Application for return of N to Poland dismissed
Legal Topics
Hague Convention, Child Settlement, Acquiescence, Custody
Family Law International Child Abduction Hague Convention Child Settlement Acquiescence Custody

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Parties

F

Plaintiff

M

1st Defendant

N (by her Children's Guardian)

2nd Defendant

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether F acquiesced in N's removal under Article 13(a) of the Hague Convention
  2. 2 Whether N is settled in England under Article 12 of the Hague Convention
  3. 3 Whether the return of N to Poland should be ordered

Ratio Decidendi

F did not acquiesce in N's removal or retention within the meaning of Article 13(a); N is now settled in England within the meaning of Article 12, so the court exercises discretion not to order N's return to Poland.

Court Disposition

Application for return of N to Poland dismissed

Orders

  • No order for return of N to Poland
  • N to remain living with M in England