Family Law Hub

NY (A Child: 1980 Hague Abduction Convention: Inherent Jurisdiction) [2019] EWCA Civ 1065

The mother appealed against an order for summary return of the child to Israel. Moylan LJ decided that the appeal must be dismissed. He found that there was no retention such that the 1980 Convention applied, but the judge had been entitled to make an order for the child's return under the court's inherent jurisdiction, and had taken into account the identified protective measures. Haddon-Cave LJ and Flaux LJ agreed.

Judgment, published: 21/06/2019


See also

  • The father applied for the summary return of his daughter to Israel. The mother claimed that the child had been habitually resident in England prior to the wrongful retention, and that returning her to Israel would place her at risk for the purposes of Art 13(b) of the 1980 Convention. MacDonald J found that the mother's oral and written evidence had to be treated with some caution. He ruled that, despite the father's consent to the move, the child remained habitually resident in Israel, due to the unsettled situation in London. Sufficient protective measures were in place, and the court exercised its discretion to order that the child be returned to Israel. Judgment, 31/05/2019, free

Published: 21/06/2019


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