F (Abduction: Consent), Re

F (Abduction: Consent), Re

The father neither consented nor acquiesced to the removal or retention of the child in England, and the Article 13(b) defence is not made out as return would not expose the child to grave harm or intolerable situation.

Parties
Applicant: NF; Respondent: EB
Jurisdiction
England and Wales
Judgment Date
25 February 2014
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Mother's defences dismissed; order for return of the child to Denmark to be made.
Legal Topics
Child Abduction, Hague Convention, Custody, Consent, Acquiescence, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention Custody Consent Acquiescence Article 13(b) Defence

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Parties

NF

Applicant

EB

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the father consented to the removal of the child to England
  2. 2 Whether the father acquiesced in the child's retention in England
  3. 3 Whether return would expose the child to grave harm or intolerable situation under Article 13(b)

Ratio Decidendi

The father neither consented nor acquiesced to the removal or retention of the child in England, and the Article 13(b) defence is not made out as return would not expose the child to grave harm or intolerable situation.

Court Disposition

Mother's defences dismissed; order for return of the child to Denmark to be made.

Orders

  • Order for return of the child to Denmark; terms to be determined after hearing counsel.