Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
ABDUCTION: A v P (Habitual Residence)  EWHC 1530 (Fam)
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Jul 15, 2011, 09:10 AM
Article ID :95325
(Family Division; Wall P; 21 June 2011)
An Egyptian father and Polish mother had a child who was born in Poland. It was common ground that the child was habitually resident in Poland until a particular point. The family came to England. At issue was whether it was a temporary visit, as on previous occasions.
On the facts, the child's habitual residence had not changed from Poland to England and therefore she should be returned to Poland under the Hague Convention. There was no agreement between the parents to move permanently to England and the mother's position was inconsistent with her Polish divorce petition and other documentation.