VK v JV

VK v JV

AK was habitually resident in Latvia at the time of removal and the father had given clear and unequivocal consent to her removal to England. SK was habitually resident in Latvia at the time of removal, but the father had withdrawn consent prior to SK's removal, making it wrongful under the Hague Convention. The Article 13(b) defence of intolerability due to splitting siblings fails as the mother herself agreed to the split. Discretion to return AK is not exercised as the father consented and took no action for six months. The return order for SK is not stayed except for a limited period to allow the mother to apply for interim permission in Latvia.

Parties
Applicant: VK; Respondent: JV
Jurisdiction
England and Wales
Judgment Date
26 November 2012
Procedural Posture
Family / Judgment
Outcome
AK's removal was not wrongful due to consent; SK's removal was wrongful and return is ordered.
Legal Topics
Hague Convention, Habitual Residence, Consent to Removal, Custody, Return of Children
Family Law International Child Abduction Hague Convention Habitual Residence Consent to Removal Custody Return of Children

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Parties

VK

Applicant

JV

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Were the children habitually resident in Latvia at the time of removal?
  2. 2 Did the father consent to the removal of the children from Latvia to England?
  3. 3 Is there an Article 13(b) defence of intolerability due to splitting the children?

Ratio Decidendi

AK was habitually resident in Latvia at the time of removal and the father had given clear and unequivocal consent to her removal to England. SK was habitually resident in Latvia at the time of removal, but the father had withdrawn consent prior to SK's removal, making it wrongful under the Hague Convention. The Article 13(b) defence of intolerability due to splitting siblings fails as the mother herself agreed to the split. Discretion to return AK is not exercised as the father consented and took no action for six months. The return order for SK is not stayed except for a limited period to allow the mother to apply for interim permission in Latvia.

Court Disposition

AK's removal was not wrongful due to consent; SK's removal was wrongful and return is ordered.

Orders

  • SK to be returned to Latvia unless the mother obtains interim permission to remain in England from the Latvian court within the period specified by the court.
  • Mother is granted limited time to organise her return and apply for interim permission in Latvia.