J v R

J v R

The court found that H had acquired habitual residence in Spain by the time of removal, the removal was wrongful under the Hague Convention as it breached the father's rights of custody, and the mother failed to establish a grave risk under Article 13(b). Therefore, the court was bound to order the summary return of H to Spain.

Parties
Applicant: J; Respondent: R
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Family Law Child Abduction (hague Convention) / Final Judgment on Application for Summary Return of Child
Outcome
Application granted. Summary return of the child ordered.
Legal Topics
Child Abduction, Habitual Residence, Hague Convention 1980, Summary Return, Custody Rights, Article 13(b) Defence
Family Law International Law Child Abduction Habitual Residence Hague Convention 1980 Summary Return Custody Rights Article 13(b) Defence

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Parties

J

Applicant

R

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Final Judgment on Application for Summary Return of Child

Legal Issues

  1. 1 Whether the child H was habitually resident in Spain or England & Wales at the time of removal
  2. 2 Whether the removal of H by the mother was wrongful under the Hague Convention
  3. 3 Whether the mother established a defence under Article 13(b) of the Hague Convention

Ratio Decidendi

The court found that H had acquired habitual residence in Spain by the time of removal, the removal was wrongful under the Hague Convention as it breached the father's rights of custody, and the mother failed to establish a grave risk under Article 13(b). Therefore, the court was bound to order the summary return of H to Spain.

Court Disposition

Application granted. Summary return of the child ordered.

Orders

  • H to be returned to the jurisdiction of Spain on a date to be agreed.
  • Father to provide undertakings for exclusive occupation of the family home for mother and H for one month and to meet all financial outgoings during that period.