DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

F sought the return of his son K to the US. K had been brought here by M after a court order in the US,but the father subsequently appealed sucessfully, obtaining an order for K’s return. M said that the UK court had originally and correctly found K to be habitually resident in the UK, and that her bringing him here was not wrongful, being in pursuance of the court order.
Held: Return was refused. There is now no distinction to be drawn between the test according to our domestic law, the test expounded by the ECJ Court of Justice of the European Union in Proceedings brought by A (Case C-523/07 [2010] Fam 42 and Mercredi v Chaffe (cited above) and the autonomous law of the Hague Convention.
Sir Peter Singer compared the French and English texts of the judgment, which showed that the French text had almost throughout used ‘stabilite’ rather than permanence and in the one place where it did use ‘permanence’ it was as an alternative to ‘habituelle’.

Sir Peter Singer
[2013] EWHC 49 (Fam), [2013] Fam Law 521, [2013] 2 FLR 163
Child Abduction and Custody Act 1985, 1980 Hague Convention on the Civil Aspects of International Child Abduction
England and Wales
CitedMercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010
ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – . .

Cited by:
At First InstanceRe KL (A Child) SC 4-Dec-2013
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a . .
CitedA v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 20 November 2021; Ref: scu.515531