Family Law Hub

Re H (Abduction: Retention In Non-Contracting State) [2019] EWCA Civ 672 (16 April 2019)

The mother appealed against an order for the return of the child to Australia. The original retention of the child took place in Uganda, a country not party to the Hague Convention 1980. In Moylan LJ's view, a retention which takes place other than in a Contracting State is a retention which is justiciable under the Convention in a Contracting State, if and when the child travels to a Convention State. There is no need for removal to be to a Contracting State, nor is there any need for the retention to be in a Contracting State. McCombe LJ and Leggatt LJ agreed.

Judgment, published: 23/04/2019

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Published: 23/04/2019

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