G v E (Child_abduction)(Repudiatory intention)(Habitual residence)

G v E (Child_abduction)(Repudiatory intention)(Habitual residence)

By late December/early January 2018, the children had become habitually resident in England through integration and stability. At the date of wrongful retention in March 2018, they were no longer habitually resident in Australia. Therefore, the father's application for summary return under the Hague Convention must fail.

Parties
Applicant: G; Respondent: E
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Family / Judgment
Outcome
Application for summary return dismissed
Legal Topics
Habitual Residence, Hague Convention, Child Custody, Wrongful Retention
Family Law International Child Abduction Habitual Residence Hague Convention Child Custody Wrongful Retention

Case Brief

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Parties

G

Applicant

E

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Determination of the date of wrongful retention under the Hague Convention
  2. 2 Whether the children were habitually resident in Australia or the UK immediately prior to retention
  3. 3 Whether the mother established a defence under Article 13(b) of the Hague Convention

Ratio Decidendi

By late December/early January 2018, the children had become habitually resident in England through integration and stability. At the date of wrongful retention in March 2018, they were no longer habitually resident in Australia. Therefore, the father's application for summary return under the Hague Convention must fail.

Court Disposition

Application for summary return dismissed

Orders

  • No order for return of the children to Australia
  • Children to remain in England