Jersey Judgment

In re Max [2014] 2 JLR 413 (01 October 2014)

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Source document

01

Holding and result

The court found that the father had clearly and unequivocally consented to the removal of the child to Jersey, as evidenced by his statutory declaration, oral consent, and purchase of one-way tickets, and therefore the court was not obliged to order the return of the child under Article 13(a) of the Hague Convention.

Court disposition

Application for return of child refused

Orders

  • Child not to be returned to country of habitual residence

02

Material facts

Parties

Max

Child

Mother of Max

Applicant

Father of Max

Respondent

03

Procedural history

  1. Posture

    Child Abduction Under Hague Convention / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The mother argued that the father had clearly and unequivocally consented to the removal of the child to Jersey, both in writing and by his actions.
Respondent
The father contested that he did not consent to the removal of the child from the overseas country to Jersey.

05

Court’s reasoning

  1. 01

    Hague Convention on the Civil Aspects of International Child Abduction, Article 13(a)

    Under Article 13(a) of the Hague Convention, the court is not obliged to order the return of a child if the parent has clearly and unequivocally consented to the removal.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the father had clearly and unequivocally consented to the removal of the child to Jersey, as evidenced by his statutory declaration, oral consent, and purchase of one-way tickets, and therefore the court was not obliged to order the return of the child under Article 13(a) of the Hague Convention.

Obiter and limits

  • Consent under Article 13(a) can be written, verbal, or inferred from actions.

Court disposition

Application for return of child refused

  • Child not to be returned to country of habitual residence

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2014] 2 JLR 413

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BAILII >> Databases >> Jersey Law Reports >> In re Max [2014] 2 JLR 413 (01 October 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142413.html Cite as: [2014] 2 JLR 413 [ New search ] [ Help ] In re Max 2014 (2) JLR 413 (01 October 2014) Family Law-children-abduction by parent-consent-court not obliged under Hague Convention on Civil Aspects of International Child Abduction, art. 13(a) to return child to country of habitual residence if parent clearly and unequivocally consented to removal-consent can be written, verbal or inferred from actions-father consented to mother's removal of child from overseas country to Jersey, by making statutory declaration permitting it; consenting orally; and purchasing one-way tickets for her and child The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 413 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142413.html

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Authorities

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Hague Convention on the Civil Aspects of International Child Abduction, Article 13(a)

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