Family Law Hub

KJC v GRC (Hague Convention) [2019] EWHC 3170 (Fam)

The father applied for the summary return of two young girls to the USA. Mr Robert Peel QC had to make a determination as to whether the Hague Convention was engaged and, if so, whether there were statutory exceptions to the principle that the children should be returned to the country of habitual residence for decisions as to their future to be made. He found that the father had not consented to any permanent removal of the children to this jurisdiction. He also found that the pattern of domestic violence and abuse was not such that the Article 13(b) threshold was crossed, nor did the question marks about the mother's immigration status in the United States establish an Article 13(b) defence. Mr Robert Peel QC proposed to make an order for return on the basis of the protective measures he outlined.


Published: 29/11/2019

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