Source: All England Reporter
Publisher Citation: [2009] All ER (D) 179 (May)
Neutral Citation: [2009] EWHC 1066 (Fam)
Court: Family Division
Judge:

Sir Mark Potter P
Representation Marcus Scott-Manderson QC and Christopher Hames for the father.
  Pamela Scriven QC and Robert Purdie for the mother.
Judgment Dates: 19 May 2009

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Family matters - Rights of custody - Father's rights legally established in Spain - Children in issue subject to laws of England and Wales - Mother removing children from habitual residence in Spain to England - Father having no parental responsibility under English Law - Whether father having 'rights of custody' for the purposes of Hague Convention - Convention on the Civil Aspects of International Child Abduction 1980, arts 3, 5, 13.

The Case

Conflict of laws Jurisdiction. Family Division: The removal or retention of the children, whose habitual residence was Spain, to England was in breach of rights of custody attributed to the father under the law of Spain for the purpose of arts3 and 5 of the Convention on the Civil Aspects of International Child Abduction 1980.

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