N (Hague Convention: Habitual Residence), Re

N (Hague Convention: Habitual Residence), Re

N was not habitually resident in Canada at the time of alleged wrongful retention; her experience in Canada lacked sufficient integration and stability. She remained habitually resident in England. Therefore, the mother's claim for return under the Hague Convention fails.

Source-derived case information.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
24 January 2017
Procedural Posture
Child Abduction and Custody Application Under the Hague Convention / Final Judgment
Outcome
Claim dismissed
Legal Topics
Habitual Residence, Wrongful Retention, Article 3 Hague Convention, Article 13 Hague Convention, Child Welfare
Family Law International Child Abduction Habitual Residence Wrongful Retention Article 3 Hague Convention Article 13 Hague Convention Child Welfare

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Parties

M

Applicant

F

Respondent

Procedural Posture

Child Abduction and Custody Application Under the Hague Convention / Final Judgment

Legal Issues

  1. 1 Was N habitually resident in Canada or England at the time of alleged wrongful retention?
  2. 2 Did the mother consent or acquiesce to N's retention in England?
  3. 3 Would return to Canada expose N to grave risk of harm or intolerable situation?

Ratio Decidendi

N was not habitually resident in Canada at the time of alleged wrongful retention; her experience in Canada lacked sufficient integration and stability. She remained habitually resident in England. Therefore, the mother's claim for return under the Hague Convention fails.

Court Disposition

Claim dismissed

Orders

  • Stay on Family Court proceedings in England lifted
  • Indirect contact between M and N provided