Source: All England Reporter
Publisher Citation: [2012] All ER (D) 217 (Oct)
Court: Family Division
Judge:

Macur J

Judgment Dates: 19 October 2012

Catchwords

Family proceedings - Orders in family proceedings - Residence order - Mother retaining child in Mexico for period of four years - Father commencing proceedings in UK - Child being made ward of English court - Order declaring child habitually resident in UK - Parents ostensibly reaching agreement in Mexico providing for child's residence in Mexico with staying contact in UK - Child remaining in UK - Mother instituting proceedings - Whether child having habitual residence in Mexico - Hague Convention on Civil Aspects of International Child Abduction.

The Case

Family proceedings Orders in family proceedings. The Family Division considered proceedings issued by the mother under the Hague Convention on the Civil Aspects of International Child Abduction alleging wrongful retention of the child or otherwise seeking summary return to Mexico. The court found that an agreement ostensibly reached between the parties in the Mexican court had not acted as retrospective consent to fix the child's habitual residence in Mexico. Accordingly, the Convention proceedings were on the basis of the child's habitual residence in the UK.

Practice Areas

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