NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction): CA 18 Jun 2019

M appealed from an order ordering the summary return of a girl to Israel.

Flaux, Moylan, Haddon-Cave LJJ
[2019] EWCA Civ 1065, [2019] 3 FCR 49
England and Wales
At FDTY v HY (Return Order) FD 17-Apr-2019
F sought a summary order for the return of his 2 year old daughter to Israel. M claimed habitual residence within the UK.
Held: The court had ‘considerable concerns regarding the credibility of the mother’s evidence’. She made several . .
CitedFalk v Sinclair 2010
The question was whether having removed child to another country by agreement, and later deciding to stay, there is then and there a wrongful retention, or whether his retention of the child cannot in law be wrongful until the date agreed for return . .
CitedRe C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Cited by:
Appeal fromIn re NY (A Child) (Reunite International and others intervening) SC 30-Oct-2019
The father had applied for a summary order requiring the return of the daughter to Israel. . .

Lists of cited by and citing cases may be incomplete.


Updated: 23 December 2021; Ref: scu.638825