P-J (Children), Re

P-J (Children), Re

The children remained habitually resident in Spain at the time of their removal to Wales, as their stay in Wales was temporary and for a limited purpose. The mother failed to establish that the father had given clear and operative consent to the removal at the time it occurred. The removal was clandestine, and the father's objection was clear. Therefore, the removal was wrongful under the Hague Convention, and the order for the return of the children to Spain was correct.

Parties
Appellant: Mother; Respondent: Father; Second Respondent: S (child, represented by Guardian)
Jurisdiction
England and Wales
Judgment Date
23 June 2009
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Habitual Residence, Consent to Removal, Hague Convention, Brussels II Revised, Children's Rights
Family Law International Child Abduction Habitual Residence Consent to Removal Hague Convention Brussels II Revised Children's Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Mother

Appellant

Father

Respondent

S (child, represented by Guardian)

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the children were habitually resident in Spain or Wales at the time of removal
  2. 2 Whether the father consented to the removal of the children from Spain to Wales

Ratio Decidendi

The children remained habitually resident in Spain at the time of their removal to Wales, as their stay in Wales was temporary and for a limited purpose. The mother failed to establish that the father had given clear and operative consent to the removal at the time it occurred. The removal was clandestine, and the father's objection was clear. Therefore, the removal was wrongful under the Hague Convention, and the order for the return of the children to Spain was correct.

Court Disposition

Appeal dismissed

Orders

  • Children to be returned to Spain as previously ordered by the High Court