P (A Child), Re

P (A Child), Re

The father had rights of custody under the Hague Convention as interpreted autonomously, the removal was wrongful and in breach of those rights, and the mother failed to establish the father's consent. The court must order the immediate return of the child to New York under Article 12 of the Convention.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
28 July 2004
Procedural Posture
Appeal / Judgment on Appeal From Family Division, Principal Registry
Outcome
Appeal allowed
Legal Topics
International Child Abduction, Hague Convention 1980, Custody Rights, Consent Under Hague Convention, Ne Exeat Clause
Family Law International Law International Child Abduction Hague Convention 1980 Custody Rights Consent Under Hague Convention Ne Exeat Clause

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Division, Principal Registry

Legal Issues

  1. 1 Whether the father consented to the removal of the child from the United States
  2. 2 Whether the removal was wrongful under Article 3 of the Hague Convention
  3. 3 Whether the father had rights of custody under the Convention

Ratio Decidendi

The father had rights of custody under the Hague Convention as interpreted autonomously, the removal was wrongful and in breach of those rights, and the mother failed to establish the father's consent. The court must order the immediate return of the child to New York under Article 12 of the Convention.

Court Disposition

Appeal allowed

Orders

  • Immediate return of the child to New York ordered under Article 12 of the Hague Convention
  • Further applications to enforce the order to come before a judge of the Family Division