(Family Division, MacDonald J, 17 April 2019)
Abduction – Return order – Hague Convention – Consent to removal to England – Art 13(b) defence – Whether the child should be returned to Israel
The application to order the child’s return to Israel, notwithstanding that the father had been found to have consented to the child’s removal.
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.
Subscribers can log in here.
Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482.
Neutral Citation Number: [2019] EWHC 1310 (Fam)
Case No: FD19P00085
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 17/04/2019
Before:
THE HONOURABLE MR JUSTICE MACDONALD
- - - - - - - - - - - - - - - - - - - - -
Between :
TY
Applicant
- and -
HY
Respondent
- - - - - - - - - - - - - - - - - - - - -
Mr Mark Jarman (instructed by Ellis Jones) for the Applicant
Mr Alex Laing (instructed by Dawson Cornwell) for the Respondent
Hearing dates: 15 and 17 April 2019
- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
.............................
THE HONOURABLE MR JUSTICE MACDONALD
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Judgment: TY v HY [2019] EWHC 1310 (Fam)
