NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction)

NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction)

There was no retention in breach of rights of custody as the judge found no agreement for a limited or temporary stay in England; therefore, the 1980 Hague Convention did not apply. The judge was entitled to order NY's return under the inherent jurisdiction, and his summary welfare decision was sufficiently reasoned and supported by the evidence.

Parties
Appellant: Mother; Respondent: Father; Intervenor: Reunite International
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Family Law Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed; order for return of NY to Israel affirmed under inherent jurisdiction.
Legal Topics
Child Abduction, Hague Convention 1980, Inherent Jurisdiction, Habitual Residence, Protective Measures, Consent, Summary Return
Family Law International Law Child Abduction Hague Convention 1980 Inherent Jurisdiction Habitual Residence Protective Measures Consent +1 more

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Parties

Mother

Appellant

Father

Respondent

Reunite International

Intervenor

Procedural Posture

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

Legal Issues

  1. 1 Whether the circumstances amounted to a wrongful retention under the 1980 Hague Convention
  2. 2 Whether the judge's approach to protective measures was wrong
  3. 3 Whether the judge was wrong to order NY's summary return to Israel under the 1980 Convention or inherent jurisdiction

Ratio Decidendi

There was no retention in breach of rights of custody as the judge found no agreement for a limited or temporary stay in England; therefore, the 1980 Hague Convention did not apply. The judge was entitled to order NY's return under the inherent jurisdiction, and his summary welfare decision was sufficiently reasoned and supported by the evidence.

Court Disposition

Appeal dismissed; order for return of NY to Israel affirmed under inherent jurisdiction.

Orders

  • Order for summary return of NY to Israel under the inherent jurisdiction.