Re DQ (A Child) (Abduction: Defence of Consent)
The mother gave clear and unequivocal consent to the permanent removal of DQ to live with her father in England; therefore, the father did not wrongfully retain DQ and the Hague Convention application is dismissed.
- Parties
- Applicant: JQ; Respondent: JH
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2023
- Procedural Posture
- Hague Abduction Convention Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Hague Convention, Child Abduction, Consent Defence, Habitual Residence
Case Brief
Summary, issues, holding and outcome
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Parties
JQ
Applicant
JH
Respondent
Procedural Posture
Hague Abduction Convention Application / Judgment
Legal Issues
- 1 Whether the mother consented to the permanent removal of the child from Spain to England
- 2 Whether the father wrongfully retained the child in England
Ratio Decidendi
The mother gave clear and unequivocal consent to the permanent removal of DQ to live with her father in England; therefore, the father did not wrongfully retain DQ and the Hague Convention application is dismissed.
Court Disposition
Application dismissed
Orders
- Any further applications in relation to DQ must be dealt with in the local Family Court.
Full Case Text
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