Family Law Hub

M (A Child: Hague Convention) [2020] EWHC 3340 (Fam)

Both parents were Polish nationals. Their brief relationship ended before the child, now eight, was born. The mother brought the child to England in 2018, and they had lived here since. The father applied for a return order under the Hague Convention 1980. Issues to be determined included the date of retention, the date of habitual residence, whether the father had acquiesced to the move, whether the child was settled, whether an article 13(b) defence could be established, whether the child objected to a return, and whether the court should exercise its discretion not to order a return. Poole J found the evidence of both parents unsatisfactory and evasive, and gave more weight to the contemporaneous evidence available. The child had continued to be habitually resident in England. His visit to Poland had been temporary, and thus the Hague Convention had no application to the mother then bringing him back to England. The father's application was dismissed. If the Hague Convention had applied, the court would have exercised its discretion to not order the child's return: he clearly objected to returning to Poland, and the father had acquiesced to him remaining in England.

Published: 08/12/2020


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item