NM v SM

NM v SM

The court found that N was habitually resident in Romania at the time of retention, the mother did not consent to permanent removal, the settlement exception did not apply as less than one year had elapsed, and there was no grave risk of harm or intolerable situation established. Therefore, a return order to Romania was required under the 1980 Hague Convention.

Parties
Applicant: NM; Respondent: SM
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Abduction and Custody Act 1985 Application (1980 Hague Convention) / Judgment After Contested Hearing
Outcome
Return order granted; N to be returned to Romania.
Legal Topics
Habitual Residence, Wrongful Retention, Consent Under Hague Convention, Settlement Exception, Grave Risk of Harm Exception, Recognition of Foreign Judgments
Family Law International Child Abduction Habitual Residence Wrongful Retention Consent Under Hague Convention Settlement Exception Grave Risk of Harm Exception Recognition of Foreign Judgments

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Parties

NM

Applicant

SM

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application (1980 Hague Convention) / Judgment After Contested Hearing

Legal Issues

  1. 1 What is the date of alleged retention in this case?
  2. 2 Was N habitually resident in Romania at the time of the alleged retention?
  3. 3 Did the mother consent to the retention?

Ratio Decidendi

The court found that N was habitually resident in Romania at the time of retention, the mother did not consent to permanent removal, the settlement exception did not apply as less than one year had elapsed, and there was no grave risk of harm or intolerable situation established. Therefore, a return order to Romania was required under the 1980 Hague Convention.

Court Disposition

Return order granted; N to be returned to Romania.

Orders

  • N to be returned to the jurisdiction of Romania within 28 days, by 29 September 2023.
  • Mother to issue necessary invitation for father's visa to accompany N.