Source: All England Reporter
Publisher Citation: [2013] All ER (D) 184 (Jul)
Neutral Citation: [2013] EWCA Civ 865
Court: Court of Appeal, Civil Division

Thorpe, Arden and Beatson LJJ

Representation Richard Harrison QC and Samantha Ridley for the father.
  Henry Setright QC and Michael Gration for the mother.
  Teertha Gupta QC, Edward Devereux and Michael Edwards appeared by way of written submissions for Reunite International Child Abduction Centre as intervener.
  David Williams QC appeared by way of written submissions for the Centre for Family Law and Practice as intervener.
Judgment Dates: 16 July 2013


Minor - Custody - Rights of custody - Wrongful removal or retention - Father being granted custody and exclusive right to designate place of residence of child by American court - Mother's application for return order being granted by American court - Mother returning to England with child - American court allowing father's appeal and ordering child's return - Mother not complying - Father's application to High Court for return order being dismissed - Father appealing - Whether judge erring in finding child losing habitual residence in America - Whether judge failing to give proper consideration to order of American Court of Appeal - Hague Convention on the Civil Aspects of International Child Abduction 1980.

The Case

Minor Custody. The American courts had awarded the mother residence of a child and she relocated to England. On appeal, the father was awarded custody and the mother was ordered to return the child to America. She did not comply and the father applied to the High Court under the Hague Convention for the return of the child. His application was dismissed. The Court of Appeal, Civil Division, dismissed the father's appeal, holding that the child had been lawfully removed from the United States and the subsequent decision of the US Court of Appeal had not rendered that lawful removal wrongful.

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