AA v LA (10498/2013)
AA v LA (10498/2013) [2013] ZAWCHC 168 (6 November 2013)
The applicant failed to establish the existence of any agreement for the children's return to the USA by a fixed date. The evidence demonstrated that the children were habitually resident in South Africa, having acclimatised and settled there with the respondent. The applicant actively participated in integrating the children into South African life and shared the mutual intention to fix their residence in South Africa until at least July 2013. There was no wrongful retention under the Hague Convention, and the application for summary return was not justified. The applicant's contradictory ve…
Source excerpt
- Hague Convention Child Abduction
- Habitual Residence
- Anticipatory Breach
- Summary Return
- Custody Rights