Source: All England Reporter
Publisher Citation: [2002] All ER (D) 416 (Nov)
Court: Court of Appeal, Civil Division

Thorpe, Scott Baker LJJ and Munby J

Representation Mark Everall QC and Peter Wright for the mother.
  Henry Setright QC and Justine Johnson for the father.
Judgment Dates: 27 November 2002


Children - Child abduction - Abduction by parent - Habitual residence - Acquiescence - Father acquiescing in removal of child to Germany - Hague Convention 1980 - s 41.

The Case

Section41 of the could not be applied in determining questions of habitual residence under art3 of the Hague Convention as it applied only to the regulation of jurisdictional and enforcement conflicts between the constituent jurisdictions of the United Kingdom. In the instant case, therefore, where s41 of the 1986 did not apply, and there was evidence that a father had acquiesced in the mother's removal of their child to Germany, the mother would be granted a return order she sought in respect of the child.

Practice Areas

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