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Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139

Feb 17, 2021, 16:41 PM
Abduction Hague Convention – Consent – Discretion – Father consented to removal – Judge exercised discretion to make a return order – Appeal
The appeal from a return order was granted on the basis that the judge erred in his approach to exercising the discretion.
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Date : Feb 17, 2021, 00:00 AM
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(Court of Appeal (Civil Decision), Peter Jackson, Baker and Nugee LJJ, 09 February 2021)

Abduction Hague Convention – Consent – Discretion – Father consented to removal – Judge exercised discretion to make a return order – Appeal

The appeal from a return order was granted on the basis that the judge erred in his approach to exercising the discretion.


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Neutral Citation Number: [2021] EWCA Civ 139

Case No: B4/2020/1914

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
(FAMILY DIVISION)
Nicholas Cusworth QC (sitting as a Deputy High Court Judge)
FD20P00434

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 9 February 2021

Before :


LORD JUSTICE PETER JACKSON
LORD JUSTICE BAKER
and

LORD JUSTICE NUGEE 

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Re G (Abduction: Consent/Discretion)

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Dorian Day and Sarah Tierney (instructed by Hecht Montgomery Solicitors) for the Appellant Mother
Christopher Hames QC and Alistair Perkins (instructed by Makin Dixon Solicitors) for the Respondent Father


Hearing date : 28 January 2021

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Approved Judgment


Covid-19 Protocol:  This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website.  The date and time for hand-down is deemed to be at 10:30am on Tuesday, 9 February 2021

Judgment: Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139

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