Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

ABDUCTION: K v K [2009] EWHC 2721 (Fam)

Sep 29, 2018, 17:33 PM
Slug : k-v-k-2009-ewhc-2721-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 11, 2009, 12:20 PM
Article ID : 88279

(Family Division; Sir Christopher Sumner; 30 October 2009)

The Polish parents were living in Ireland, where the father had obtained work. Some weeks after the couple had moved into separate accommodation the father took the children, who had been living with the mother, to Poland. The mother contacted the authorities about the abduction, but before proceedings were issued the father and children returned to Ireland. Some months later the mother took the two children to England, on the basis, she claimed, of the father's consent.The father started Hague proceedings, but, before these were served, the mother came back to Ireland with the children. After a couple of weeks the mother went back to England with the children. The father issued Hague proceedings; the mother alleged that the father had consented to the initial move to England, and that her subsequent return to Ireland had merely been a holiday.

Under the Hague Convention, where a parent returned with the children for the purpose of an agreed holiday to the country from which they had been removed after a consensual departure, that did not, by itself, bring the earlier consent to an end. It might come to an end for other reasons, but there would have to be a clear indication from the mother, for instance, saying that she was no longer relying on the earlier consent or that her return was permanent, or actions on her part incompatible with any other interpretation. On the facts, the father had consented to the original move to England, and the subsequent return to Ireland had merely been for a holiday.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from