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
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

ADOPTION/IMMIGRATION: Re D (Abduction: Habitual Residence) [2005] EWHC 518 (Fam)

Sep 29, 2018, 17:34 PM
Slug : re-d-abduction-habitual-residence-2005-ewhc-518-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 4, 2005, 11:02 AM
Article ID : 88447

(4 February 2005; Bracewell J; Family Division) [2005] 2 FLR 403

The part Italian mother established a home in Rome shortly after the American father's conviction for fraud, following which he was not permitted to leave the US. The mother returned to spend time in the US on many occasions, and became pregnant there, but returned to Rome to have the child. Shortly afterwards the mother and child spent some months with the father, but then went back to Rome. Abduction proceedings brought by the father in Italy were dismissed by reason of an issue as to paternity. The mother again spent some months with the child in the US, leaving for Italy shortly after the father applied for custody of the child. The father used a private detective to entrap the mother into coming to England, where fresh abduction proceedings were brought. The court was satisfied that the child had been habitually resident in Italy because of: (i) the father's lack of credibility; (ii) the mother's retention of an apartment in Rome throughout and the transfer of the mother's goods and property to the flat; (iii) the child's enrolment in an Italian pre-school day care; (iv) the purchase of return tickets for the trips to the US; (v) contemporaneous correspondence showing that the mother regarded such trips as mere visits; (vi) valid residence documentation in Italy for mother and child; (vii) the father's own statement in his custody application that the mother 'does not have strong ties with California'.

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