E v E

E v E

The children were habitually resident in England at the time of the alleged wrongful retention; the Hague Convention was not engaged; the welfare interests of the children strongly militated against summary return under the inherent jurisdiction; relief claimed by the father was refused.

Parties
Applicant: JDE; Respondent: NE
Jurisdiction
England and Wales
Judgment Date
20 February 2007
Procedural Posture
Hague Convention Child Abduction Proceedings / Final Judgment
Outcome
Relief claimed in the father's Originating Summons refused.
Legal Topics
Habitual Residence, Child Custody, Hague Convention, Inherent Jurisdiction, Children's Objections, Comity
Family Law International Child Abduction Habitual Residence Child Custody Hague Convention Inherent Jurisdiction Children's Objections Comity

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Parties

JDE

Applicant

NE

Respondent

Procedural Posture

Hague Convention Child Abduction Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in Australia or England at the time of alleged wrongful retention
  2. 2 Whether the Hague Convention is engaged
  3. 3 Whether there is a grave risk of harm to the children if returned to Australia

Ratio Decidendi

The children were habitually resident in England at the time of the alleged wrongful retention; the Hague Convention was not engaged; the welfare interests of the children strongly militated against summary return under the inherent jurisdiction; relief claimed by the father was refused.

Court Disposition

Relief claimed in the father's Originating Summons refused.