A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention), Re

A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention), Re

The children were habitually resident in Hungary at the time of their removal to the UK. The mother's consent to their temporary relocation was withdrawn on 31 March 2024. The children have been wrongfully retained in the UK since that date. The Article 13(a) defence of consent fails. The children must be returned...

Source-derived case information.

Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
30 September 2024
Procedural Posture
Family Law Child Abduction (hague Convention) / Judgment After Contested Hearing
Outcome
Application granted. Order for summary return of children to Hungary.
Legal Topics
Habitual Residence, Wrongful Retention, Consent Under Hague Convention, Summary Return of Children
Family Law International Child Abduction Habitual Residence Wrongful Retention Consent Under Hague Convention Summary Return of Children

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Summary, issues, holding and outcome

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Judgment After Contested Hearing

Legal Issues

  1. 1 Were the children habitually resident in Hungary at the time of alleged wrongful retention?
  2. 2 Did the mother consent to the children remaining in the UK, and was such consent withdrawn?

Ratio Decidendi

The children were habitually resident in Hungary at the time of their removal to the UK. The mother's consent to their temporary relocation was withdrawn on 31 March 2024. The children have been wrongfully retained in the UK since that date. The Article 13(a) defence of consent fails. The children must be returned to Hungary forthwith.

Court Disposition

Application granted. Order for summary return of children to Hungary.

Orders

  • The children A and B are to be returned to Hungary forthwith.