FB v IB

FB v IB

The court found, on the balance of probabilities, that the father consented to the children's permanent relocation to the UK, as evidenced by a notarised letter and corroborated by witness testimony. There was no wrongful retention under the Hague Convention. Even if there had been, the children were habitually resident and settled in the UK, and their welfare would not be served by a return to New York. A residence order in favour of the mother was made to reflect the children's settled circumstances.

Parties
Applicant: FB; Respondent: IB
Jurisdiction
England and Wales
Judgment Date
12 March 2014
Procedural Posture
Child Abduction and Custody (hague Convention) / Final Judgment
Outcome
Application for summary return of the children to New York dismissed; residence order granted in favour of the mother; permission to appeal refused.
Legal Topics
Habitual Residence, Consent to Relocation, Summary Return Under Hague Convention, Settlement Defence, Child Welfare, Residence Orders
Family Law International Child Abduction Habitual Residence Consent to Relocation Summary Return Under Hague Convention Settlement Defence Child Welfare Residence Orders

Case Brief

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Parties

FB

Applicant

IB

Respondent

Procedural Posture

Child Abduction and Custody (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in the UK as of 17 August 2013
  2. 2 Whether the father consented to the children's permanent relocation to the UK
  3. 3 Whether there was unlawful retention under the Hague Convention

Ratio Decidendi

The court found, on the balance of probabilities, that the father consented to the children's permanent relocation to the UK, as evidenced by a notarised letter and corroborated by witness testimony. There was no wrongful retention under the Hague Convention. Even if there had been, the children were habitually resident and settled in the UK, and their welfare would not be served by a return to New York. A residence order in favour of the mother was made to reflect the children's settled circumstances.

Court Disposition

Application for summary return of the children to New York dismissed; residence order granted in favour of the mother; permission to appeal refused.

Orders

  • Residence order in favour of the mother for both children
  • Application for summary return under the Hague Convention dismissed