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
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
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...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

ABDUCTION: Re Z (Abduction) [2008] EWHC 3473

Sep 29, 2018, 17:20 PM
Slug : re-z-abduction-2008-ewhc-3473
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 20, 2009, 04:23 AM
Article ID : 89341

(Family Division; Macur J; 20 October 2008)

After the family had lived in Israel for almost 3 years, the mother removed the children to England, which was where the family had lived before the move to Israel. The mother claimed that the children had not been habitually resident in Israel, because the relocation to Israel had only ever been temporary, to fulfil the father's employment obligations, and that the father had promised to return to England after 2 years. The father claimed that the intention had always been that Israel would become the family's new home. The mother argued that the father had obtained the move to Israel by deceit, in that he had stated that the move was only temporary when in fact he intended it to be permanent, so that her consent to the change to the family's habitual residence had been vitiated by breach of the original agreement. During the time in Israel the parents had separated for a while, and at one stage the mother had applied to the Israeli courts for temporary custody of the children; the father had obtained injunctions preventing the children's removal from Israel, but had later applied to discharge these during a period of attempted reconciliation. The children were objecting to a return to Israel; there was evidence of domestic violence by the father towards the mother.

At the time of the children's removal from Israel, the children and the mother had been habitually resident in Israel. While the mother had undoubtedly resisted the move to Israel, she had not been coerced into going, and on arrival had expected to remain in Israel for a significant period of time. While fraud or mistake could prevent the acquisition of habitual residence, the court did not accept that a term of habitual residence expressed and agreed to be time limited would take precedence over factual circumstances that indicated the contrary. Habitual residence was a question of fact to be decided according to all the circumstances of the case. The mother had not left Israel at the end of the agreed two-year period, and had acknowledged the jurisdiction of the Israeli court over the family. There had been no consent to the children's removal; the mother had stated on various occasions that she wished to return after a certain period, but the husband had equally frequently expressed different views. The father's inaction for a period of 2 months, and a subsequent delay in pursuing Hague proceedings did not amount to acquiescence. No grave risk had been established. Concerns about domestic violence would be ameliorated, if not removed altogether, if the parties lived separately in Israel; the Israeli state authorities were able to provide appropriate protection, indeed the authorities' offers of protection had in the past been refused by the mother. The children's objections did not prevail, because even the elder child was only at the lower end of the relevant age group, and was, it seemed, unable to distinguish between a return to Israel and a return to living with the father. The children's negative comments about the father were to be viewed in the context of subsequent good contact with the father. The court ordered the return of the children under the Hague Convention, but noted that if the court had had a discretion the court would not have ordered a return, on welfare grounds, and that if the father put the children's interests first he would consider allowing them to remain in England.

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