H (Abduction: Retention In Non-Contracting State), Re
A wrongful retention that occurred in a non-Contracting State is justiciable under the Hague Convention in a Contracting State, provided the child was habitually resident in a Contracting State at the time of the retention and the application is determined in a Contracting State. The Convention does not require the retention to have occurred in a Contracting State.
- Parties
- Appellant: Mother; Respondent: Father
- Jurisdiction
- England and Wales
- Judgment Date
- 16 April 2019
- Procedural Posture
- Family Law Child Abduction (hague Convention) / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Child Abduction, Hague Convention 1980, Wrongful Retention, Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Mother
Appellant
Father
Respondent
Procedural Posture
Family Law Child Abduction (hague Convention) / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Does the Hague Convention apply when the act of wrongful retention occurred in a non-Contracting State?
- 2 Can a wrongful retention that occurred in a non-Contracting State be justiciable in a Contracting State under the Convention?
Ratio Decidendi
A wrongful retention that occurred in a non-Contracting State is justiciable under the Hague Convention in a Contracting State, provided the child was habitually resident in a Contracting State at the time of the retention and the application is determined in a Contracting State. The Convention does not require the retention to have occurred in a Contracting State.
Court Disposition
Appeal dismissed
Orders
- Order of Mostyn J for the return of the child to Australia upheld
Full Case Text
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