Application by father for summary return of son to the USA. The mother said that the father had consented to his removal and acquiesced in his stay here.
Held: The mother had a settled intention to remain in the US when she first arrived, but lost it within eight days, which was not an appreciable time as required, and the child was not therefore oridinarily resident in the US. Return would not be ordered.
Judges:
Sumner J
Citations:
[2007] EWHC 779 (Fam)
Links:
Statutes:
Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction
Jurisdiction:
England and Wales
Citing:
Cited – In re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Cited – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Cited – Re F (A Minor) (Child Abduction) CA 1992
The family had moved to Australia from England. Within weeks the father moved out of the house at the mother’s suggestion. The father took the child to England on 10 July. Johnson J had held at first instance that by 21 May the family were . .
Cited – In Re M (Minors) (Residence Order: Jurisdiction) CA 1993
The claimant mother took her 2 children from their grandparent’s home in Scotland where they were habitually resident on 4 July 1992 for a 2 week holiday with her in England. On 13 July she told the grandparents that she was not returning the . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 19 November 2022; Ref: scu.251184