TY v HY (Return Order) (Rev 1)

TY v HY (Return Order) (Rev 1)

NY was not habitually resident in England and Wales at the relevant date, remained habitually resident in Israel; father consented to removal but not conditionally; protective measures in Israel are sufficient to address any assumed risk; discretion exercised to order return to Israel for welfare decisions to be...

Source-derived case information.

Parties
Applicant: TY; Respondent: HY
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Summary return of NY to Israel ordered.
Legal Topics
Child Abduction, Habitual Residence, Consent, Grave Risk of Harm, Discretion Under Hague Convention
Family Law International Law Child Abduction Habitual Residence Consent Grave Risk of Harm Discretion Under Hague Convention

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Parties

TY

Applicant

HY

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Was NY habitually resident in England and Wales at the relevant date?
  2. 2 Did the father consent to NY's removal from Israel?
  3. 3 Is there a grave risk of harm to NY or mother if returned to Israel?

Ratio Decidendi

NY was not habitually resident in England and Wales at the relevant date, remained habitually resident in Israel; father consented to removal but not conditionally; protective measures in Israel are sufficient to address any assumed risk; discretion exercised to order return to Israel for welfare decisions to be made in child's habitual residence.

Court Disposition

Summary return of NY to Israel ordered.

Orders

  • Declaration that NY was not habitually resident in England and Wales as at January 2019.
  • Declaration that NY remained habitually resident in Israel as at January 2019.