Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Resolution issues Brexit notes for family lawyers ahead of IP completion day
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...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
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