JK v LM (Rev 1)

JK v LM (Rev 1)

The mother failed to establish wrongful retention as she had agreed to the children remaining in the UK until she secured suitable accommodation, which she had not done. The children were habitually resident in the UK at all relevant times. Even if wrongful retention were found, Article 13 exceptions applied due to grave risk of intolerable situation and the children's objections, and the court would exercise discretion to refuse return.

Parties
Applicant: JK; Respondent: LM
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Child Abduction Summary Return Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Hague Convention, Habitual Residence, Wrongful Retention, Article 13 Exceptions, Children's Objections
Family Law International Child Abduction Hague Convention Habitual Residence Wrongful Retention Article 13 Exceptions Children's Objections

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Parties

JK

Applicant

LM

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 What agreement did the parents reach regarding the children's care in November 2018?
  2. 2 Was there wrongful retention of the children in the UK on 19 December 2018 or any later date?
  3. 3 Were the children habitually resident in Ireland or the UK at the time of alleged wrongful retention?

Ratio Decidendi

The mother failed to establish wrongful retention as she had agreed to the children remaining in the UK until she secured suitable accommodation, which she had not done. The children were habitually resident in the UK at all relevant times. Even if wrongful retention were found, Article 13 exceptions applied due to grave risk of intolerable situation and the children's objections, and the court would exercise discretion to refuse return.

Court Disposition

Application dismissed

Orders

  • Mother's application for summary return of the three children to Ireland is dismissed.
  • No order for return is made.