D (Children : Abduction)

D (Children : Abduction)

The mother's statements in the email exchange did not amount to clear and unequivocal consent to the children remaining in England. Even if they did, any consent was plainly withdrawn before the children were retained. Therefore, the retention was wrongful and the court must order the summary return of the children to France under the Hague Convention.

Parties
Applicant: GC; Respondent: RD
Jurisdiction
England and Wales
Judgment Date
21 September 2015
Procedural Posture
Child Abduction Summary Return Application / Judgment After Contested Hearing
Outcome
Application granted. Summary return ordered.
Legal Topics
Child Abduction, Hague Convention, Custody, Habitual Residence, Consent Under Article 13(a)
Family Law International Law Child Abduction Hague Convention Custody Habitual Residence Consent Under Article 13(a)

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Parties

GC

Applicant

RD

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother's statements amounted to clear and unequivocal consent to the children remaining in England with the father
  2. 2 Whether any consent was withdrawn prior to the alleged wrongful retention

Ratio Decidendi

The mother's statements in the email exchange did not amount to clear and unequivocal consent to the children remaining in England. Even if they did, any consent was plainly withdrawn before the children were retained. Therefore, the retention was wrongful and the court must order the summary return of the children to France under the Hague Convention.

Court Disposition

Application granted. Summary return ordered.

Orders

  • The three children are to be returned to the mother at 10 a.m. on 22nd September 2015.
  • The summary return of the children to France is ordered.