X v Y

X v Y

The children were habitually resident in Ukraine at the relevant date. The mother consented only to temporary removal to England, not long-term retention. Once it became clear the family unit could not be re-established in England, the mother promptly sought the children's return to Germany, where she and the maternal grandmother have protected status. The father's retention of the children in England from 25 March 2022 was wrongful. The Hague Convention permits return to Germany as a third state. The children's objections, particularly A's, are genuine but not determinative; balancing all factors and Convention objectives, return to Germany is ordered.

Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
Child Abduction Summary Return Application Under the Hague Convention / Final Hearing and Judgment
Outcome
Application granted; children to be returned to Germany.
Legal Topics
Habitual Residence, Summary Return, Consent and Acquiescence, Children's Objections, Third State Return
Family Law International Child Abduction Habitual Residence Summary Return Consent and Acquiescence Children's Objections Third State Return

Case Brief

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Child Abduction Summary Return Application Under the Hague Convention / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children were wrongfully removed or retained under the Hague Convention
  2. 2 Whether the children are habitually resident in Ukraine, Germany, or England
  3. 3 Whether the mother consented or acquiesced to the children's removal or retention

Ratio Decidendi

The children were habitually resident in Ukraine at the relevant date. The mother consented only to temporary removal to England, not long-term retention. Once it became clear the family unit could not be re-established in England, the mother promptly sought the children's return to Germany, where she and the maternal grandmother have protected status. The father's retention of the children in England from 25 March 2022 was wrongful. The Hague Convention permits return to Germany as a third state. The children's objections, particularly A's, are genuine but not determinative; balancing all factors and Convention objectives, return to Germany is ordered.

Court Disposition

Application granted; children to be returned to Germany.

Orders

  • A and B to be returned to Germany forthwith.
  • Mother to give undertakings as set out in paragraph 29 of the CAFCASS officer’s report.