M (Children : Habitual Residence : 1980 Hague Child Abduction Convention)

M (Children : Habitual Residence : 1980 Hague Child Abduction Convention)

The judge erred by focusing on whether the children had lost their habitual residence in Germany rather than whether they had achieved sufficient integration in England. The children had established a stable and integrated life in England with their primary carer, outweighing their continuing connections with Germany. Therefore, they were habitually resident in England at the date of retention, and the father's application under the 1980 Convention must be dismissed.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
25 August 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; father's application under the 1980 Hague Convention dismissed.
Legal Topics
Habitual Residence, 1980 Hague Convention, Article 13(b) Exception, Child Welfare
Family Law International Child Abduction Habitual Residence 1980 Hague Convention Article 13(b) Exception Child Welfare

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 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in Germany or England at the date of wrongful retention
  2. 2 Whether the Article 13(b) exception to return under the Hague Convention was established

Ratio Decidendi

The judge erred by focusing on whether the children had lost their habitual residence in Germany rather than whether they had achieved sufficient integration in England. The children had established a stable and integrated life in England with their primary carer, outweighing their continuing connections with Germany. Therefore, they were habitually resident in England at the date of retention, and the father's application under the 1980 Convention must be dismissed.

Court Disposition

Appeal allowed; father's application under the 1980 Hague Convention dismissed.

Orders

  • Father's application under the 1980 Hague Convention dismissed.
  • No return order to Germany.