G v H (Hague Convention: Wrongful Removal)

G v H (Hague Convention: Wrongful Removal)

A wrongful removal under Article 3 of the Hague Convention occurs at the time of removal and cannot be retrospectively rendered lawful by a subsequent foreign court order; however, due to the Portuguese interim order, a return order would be futile and the application should be stayed.

Source-derived case information.

Parties
Applicant: G; Respondent: H
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Hague Convention Child Abduction / Final Hearing; Determination on Summary Return Application
Outcome
Application stayed with liberty to apply to restore; automatic dismissal if not restored by 12 September 2024.
Legal Topics
Hague Convention 1980, Wrongful Removal, Jurisdiction, Child Arrangements, Recognition of Foreign Orders
Family Law International Child Abduction Hague Convention 1980 Wrongful Removal Jurisdiction Child Arrangements Recognition of Foreign Orders

Source-derived case record

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Parties

G

Applicant

H

Respondent

Procedural Posture

Hague Convention Child Abduction / Final Hearing; Determination on Summary Return Application

Legal Issues

  1. 1 Effect of Portuguese interim child arrangements order on wrongful removal
  2. 2 Whether subsequent foreign court order renders prior wrongful removal lawful
  3. 3 Appropriateness of summary return order given foreign interim order

Ratio Decidendi

A wrongful removal under Article 3 of the Hague Convention occurs at the time of removal and cannot be retrospectively rendered lawful by a subsequent foreign court order; however, due to the Portuguese interim order, a return order would be futile and the application should be stayed.

Court Disposition

Application stayed with liberty to apply to restore; automatic dismissal if not restored by 12 September 2024.

Orders

  • Father's application for summary return stayed.
  • Liberty to apply to restore on notice, including if Portuguese court requests or orders return.