Hunter v Murrow

Hunter v Murrow

The English court is not bound by a positive determination of wrongful removal under Article 15 by the courts of the child's habitual residence; it must apply its own autonomous interpretation of 'rights of custody' under the Hague Convention. Under current English authority, the father's rights amounted only to...

Source-derived case information.

Parties
Appellant: Michael Bernard James Hunter; Respondent: Sarah Janine Murrow
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Family Law Hague Convention Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Abduction, Hague Convention, Rights of Custody, Comity, Parental Responsibility
Family Law International Law Child Abduction Hague Convention Rights of Custody Comity Parental Responsibility

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Parties

Michael Bernard James Hunter

Appellant

Sarah Janine Murrow

Respondent

Procedural Posture

Family Law Hague Convention Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the English court is bound by a positive determination of wrongful removal under Article 15 of the Hague Convention by the courts of the child's habitual residence (New Zealand)
  2. 2 Whether the rights exercised by the father amounted to 'rights of custody' under Articles 3 and 5 of the Hague Convention as interpreted in England and Wales

Ratio Decidendi

The English court is not bound by a positive determination of wrongful removal under Article 15 by the courts of the child's habitual residence; it must apply its own autonomous interpretation of 'rights of custody' under the Hague Convention. Under current English authority, the father's rights amounted only to contact, not custody, and thus the removal was not wrongful under the Convention.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no return order under the Hague Convention; directions given for outstanding issues to be listed for final hearing before the end of the month.