FJ v LT

FJ v LT

Maria was habitually resident in Germany immediately before 5 January 2023. However, the mother clearly and unequivocally consented to Maria remaining in England with the father after that date. Therefore, the retention was not wrongful under the Hague Convention, and the court declined to exercise its discretion to order Maria’s return to Germany.

Parties
Applicant: FJ; Respondent: LT
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Child Abduction and Custody Act 1985 Application (hague Convention) / Judgment After Contested Hearing
Outcome
Application for summary return refused; child to remain in England.
Legal Topics
Habitual Residence, Wrongful Retention, Consent Under Hague Convention, Discretionary Return
Family Law International Child Abduction Habitual Residence Wrongful Retention Consent Under Hague Convention Discretionary Return

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Parties

FJ

Applicant

LT

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application (hague Convention) / Judgment After Contested Hearing

Legal Issues

  1. 1 Was the child, Maria, habitually resident in Germany immediately before the alleged wrongful retention?
  2. 2 Did the mother consent to Maria remaining in England with the father after 5 January 2023?
  3. 3 If consent is proved, should the court exercise its discretion to order Maria’s return to Germany?

Ratio Decidendi

Maria was habitually resident in Germany immediately before 5 January 2023. However, the mother clearly and unequivocally consented to Maria remaining in England with the father after that date. Therefore, the retention was not wrongful under the Hague Convention, and the court declined to exercise its discretion to order Maria’s return to Germany.

Court Disposition

Application for summary return refused; child to remain in England.

Orders

  • Maria shall remain in England pending the resolution of the stayed welfare proceedings in the Luton Family Court.