The Law Reports (Family Division)
[2005] Fam 293
Court of Appeal
In re
P (A Child) (Abduction: Custody Rights)
[2004] EWCA Civ 971
2004 May 17;
July 28
July 28
Ward, Scott Baker LJJ and Lawrence Collins J
Children
— Custody rights
— Breach
— Child habitually resident in New York
— Court granting father contact rights with child
— Agreement of both parents required for child's removal from state
— Mother removing child to England
— Whether father having custody rights under New York law
— Whether having custody rights for purposes of Hague Convention
— Whether father consenting to removal
— Whether consent preventing removal being in breach of custody rights
—
Child Abduction and Custody Act 1985 (c 60), Sch. 1, art 3