RS (A Child), Re

RS (A Child), Re

Retention of the child in England after 1st March 2015 was wrongful as he remained habitually resident in Israel; protective undertakings offered by the father negate the Article 13(b) exception, so return to Israel is ordered.

Parties
Applicant: MS; Respondent: PS
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Child Abduction Under Hague Convention / Final Judgment
Outcome
Application granted; child to be returned to Israel.
Legal Topics
Child Abduction, Habitual Residence, Custody Rights, Article 13(b) Exception
Family Law International Law Child Abduction Habitual Residence Custody Rights Article 13(b) Exception

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Parties

MS

Applicant

PS

Respondent

Procedural Posture

Child Abduction Under Hague Convention / Final Judgment

Legal Issues

  1. 1 Nature of parties' agreement regarding travel to England
  2. 2 Timing and occurrence of wrongful retention
  3. 3 Loss or acquisition of habitual residence

Ratio Decidendi

Retention of the child in England after 1st March 2015 was wrongful as he remained habitually resident in Israel; protective undertakings offered by the father negate the Article 13(b) exception, so return to Israel is ordered.

Court Disposition

Application granted; child to be returned to Israel.

Orders

  • Father to sign written undertakings as specified.
  • Father to inform police and obtain written confirmation of withdrawal of criminal complaint.