R v A [2013] EWHC 692 (Fam) (27 March 2013)

R v A [2013] EWHC 692 (Fam) (27 March 2013)

The court found that the children were habitually resident in California at the time of their removal by the mother on 27 August 2012. The removal was wrongful under Article 3 of the Hague Convention as it was without the father's consent or acquiescence. The mother's defences of consent, acquiescence, and Article 13(b) were rejected. The court ordered the summary return of the children to the USA.

Citation
[2013] EWHC 692 (Fam)
Parties
Applicant: R; Respondent: A
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Hague Convention Child Abduction Return Proceedings / Final Judgment After Full Hearing
Outcome
Children to be returned to the USA under the Hague Convention.
Legal Topics
Habitual Residence, Child Abduction, Parental Consent, Summary Return, Hague Convention 1980
Family Law Private International Law Habitual Residence Child Abduction Parental Consent Summary Return Hague Convention 1980

Case Brief

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Parties

R

Applicant

A

Respondent

Procedural Posture

Hague Convention Child Abduction Return Proceedings / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the children were habitually resident in California on 28 August 2012
  2. 2 Whether the removal of the children by the mother was wrongful under the Hague Convention
  3. 3 Whether the father consented to or acquiesced in the removal or retention

Ratio Decidendi

The court found that the children were habitually resident in California at the time of their removal by the mother on 27 August 2012. The removal was wrongful under Article 3 of the Hague Convention as it was without the father's consent or acquiescence. The mother's defences of consent, acquiescence, and Article 13(b) were rejected. The court ordered the summary return of the children to the USA.

Court Disposition

Children to be returned to the USA under the Hague Convention.

Orders

  • The children shall be returned forthwith to the jurisdiction of California, USA.
  • Interim contact arrangements for the father pending return.