M (A Child: Hague Convention)

M (A Child: Hague Convention)

M was habitually resident in England at the date of removal (30 May 2019); therefore, the Hague Convention does not apply and the father's application for return is dismissed. Even if the Convention applied, the exceptions of acquiescence and child's objections would justify refusal of return.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Hague Convention Child Abduction Application / Final Determination After Remittal From Court of Appeal
Outcome
Application dismissed
Legal Topics
Child Abduction, Habitual Residence, Consent and Acquiescence, Grave Risk of Harm, Child's Objections, Settlement, Discretion
Family Law International Law Child Abduction Habitual Residence Consent and Acquiescence Grave Risk of Harm Child's Objections Settlement +1 more

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Determination After Remittal From Court of Appeal

Legal Issues

  1. 1 Date and existence of wrongful retention/removal
  2. 2 Habitual residence of the child at relevant dates
  3. 3 Acquiescence by left-behind parent

Ratio Decidendi

M was habitually resident in England at the date of removal (30 May 2019); therefore, the Hague Convention does not apply and the father's application for return is dismissed. Even if the Convention applied, the exceptions of acquiescence and child's objections would justify refusal of return.

Court Disposition

Application dismissed

Orders

  • No order for return of M to Poland
  • Parties to collaborate for M's welfare and contact with both parents