V (A Child) (Abduction: Return following Interim Removal from Taking Parent), Re

V (A Child) (Abduction: Return following Interim Removal from Taking Parent), Re

V was habitually resident in the Netherlands at the time of removal, the father had and was exercising rights of custody, the removal was wrongful under the Hague Convention, no Article 13 exceptions apply, and V does not object to return. Discretion, if applicable, would favour return due to Convention policy and...

Source-derived case information.

Parties
Applicant: V's father; Respondent: V's mother
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Child Abduction / Final Judgment
Outcome
Order for return of V to the Netherlands with the father.
Legal Topics
Hague Convention, Habitual Residence, Rights of Custody, Child Objections, Grave Risk Exception
Family Law International Child Abduction Hague Convention Habitual Residence Rights of Custody Child Objections Grave Risk Exception

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Parties

V's father

Applicant

V's mother

Respondent

Procedural Posture

Child Abduction / Final Judgment

Legal Issues

  1. 1 Was the removal of V from the Netherlands wrongful under the Hague Convention?
  2. 2 Did the father have rights of custody at the time of removal?
  3. 3 Was V habitually resident in the Netherlands at the time of removal?

Ratio Decidendi

V was habitually resident in the Netherlands at the time of removal, the father had and was exercising rights of custody, the removal was wrongful under the Hague Convention, no Article 13 exceptions apply, and V does not object to return. Discretion, if applicable, would favour return due to Convention policy and V's welfare.

Court Disposition

Order for return of V to the Netherlands with the father.

Orders

  • V to return to the Netherlands with the father.
  • Father's and V's passports to be returned immediately.