DA & JA (Children : non-Hague summary return)

DA & JA (Children : non-Hague summary return)

The children have a greater connection to Nigeria, were removed without the father's consent, and their welfare is best determined in Nigeria; no agreement to relocate was established.

Parties
Applicant: Mr O; Respondent: Mrs O
Jurisdiction
England and Wales
Judgment Date
15 June 2018
Procedural Posture
Wardship and Summary Return Application / Judgment
Outcome
Application granted; children to return to Nigeria.
Legal Topics
Summary Return, Inherent Jurisdiction, Habitual Residence, Welfare Principle
Family Law Child Custody Summary Return Inherent Jurisdiction Habitual Residence Welfare Principle

Case Brief

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Parties

Mr O

Applicant

Mrs O

Respondent

Procedural Posture

Wardship and Summary Return Application / Judgment

Legal Issues

  1. 1 Whether the children should be summarily returned to Nigeria for their welfare determination
  2. 2 Whether there was an agreement to relocate to England
  3. 3 Which country the children have a greater connection with

Ratio Decidendi

The children have a greater connection to Nigeria, were removed without the father's consent, and their welfare is best determined in Nigeria; no agreement to relocate was established.

Court Disposition

Application granted; children to return to Nigeria.

Orders

  • Children to be returned to Nigeria for welfare determination by Nigerian courts.
  • Mother to return with children; father to provide financial support, accommodation, car, driver, and nanny pending Nigerian court determination.