11 Jun 2012
RCL v APBL HC INV CIV-2012-425-000145
- Citation
- openlaw-1d5d2c5f_8165_4561_811a_ab3e42acc477.pdf
- Court
- High Court
Where parents agreed that children could stay abroad only for a defined period and one parent unequivocally repudiates that agreement, the repudiation can constitute an anticipatory breach making subsequent removal wrongful; here the Court found the children remained habitually resident in the UK, the mother repudiated the return agreement, the father did not consent or acquiesce, s106 defences failed, and therefore s105 required prompt return to the United Kingdom.