GM v DB

GM v DB

The court found that due to frequent moves and lack of long-term stability in either Italy or Romania, the child A had no habitual residence at the relevant time. Therefore, the requirements for summary return under the Hague Convention were not met and the father's application must fail.

Parties
Applicant: GM; Respondent: DB; Intervener: CAFCASS
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Hague Convention Child Abduction Application / Judgment on Application for Summary Return
Outcome
Application dismissed
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Summary Return
Family Law International Law Child Abduction Habitual Residence Hague Convention Summary Return

Case Brief

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Parties

GM

Applicant

DB

Respondent

CAFCASS

Intervener

Procedural Posture

Hague Convention Child Abduction Application / Judgment on Application for Summary Return

Legal Issues

  1. 1 Whether the child A was habitually resident in Italy at the time of alleged wrongful removal
  2. 2 Whether the requirements for summary return under the Hague Convention are met

Ratio Decidendi

The court found that due to frequent moves and lack of long-term stability in either Italy or Romania, the child A had no habitual residence at the relevant time. Therefore, the requirements for summary return under the Hague Convention were not met and the father's application must fail.

Court Disposition

Application dismissed

Orders

  • Father's application for summary return under the Hague Convention is dismissed.