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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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ABDUCTION: A v P (Habitual Residence) [2011] EWHC 1530 (Fam)
Date:15 JUL 2011

(Family Division; Wall P; 21 June 2011)

An Egyptian father and Polish mother had a child who was born in Poland. It was common ground that the child was habitually resident in Poland until a particular point. The family came to England. At issue was whether it was a temporary visit, as on previous occasions.

On the facts, the child's habitual residence had not changed from Poland to England and therefore she should be returned to Poland under the Hague Convention. There was no agreement between the parents to move permanently to England and the mother's position was inconsistent with her Polish divorce petition and other documentation.