D (A Child) V

D (A Child) V

The father held rights of custody within the autonomous meaning of the Hague Convention, making the removal wrongful. The delay and the child's integration in England did not justify a defence under Article 13(b), especially as the Romanian courts were now properly seized of the welfare issues. The appeal was therefore dismissed.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Appeal (family Law Hague Convention) / Judgment on Appeal From Family Division
Outcome
Appeal dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Custody Rights, Wrongful Removal, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention 1980 Custody Rights Wrongful Removal Article 13(b) Defence

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal (family Law Hague Convention) / Judgment on Appeal From Family Division

Legal Issues

  1. 1 Whether the removal of the child from Romania to England was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the father had rights of custody within the meaning of the Convention
  3. 3 Whether the delay and circumstances justified a defence under Article 13(b) (grave risk of harm/intolerable situation)

Ratio Decidendi

The father held rights of custody within the autonomous meaning of the Hague Convention, making the removal wrongful. The delay and the child's integration in England did not justify a defence under Article 13(b), especially as the Romanian courts were now properly seized of the welfare issues. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order for peremptory return varied to respect temporary leave granted by Romanian court; no return before end of school term; further directions to avoid unnecessary movement pending outcome in Bucharest.