The Law Reports (Appeal Cases)
[2019] AC 1
Supreme Court
In re C and another (Children) (International Centre for Family Law, Policy and Practice intervening)
[2017] EWCA Civ 980
[2018] UKSC 8
2017 March 8,
9;
July 12
Black, Sharp, Thirlwall LJJ
2017 Oct 9,
10;
2018 Feb 14
2018 Feb 14
Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hughes JJSC
Children— Custody rights— Breach— Mother taking children from Australia to England for temporary period with father’s agreement— Mother failing to return children at end of temporary period— Judge refusing to return children on grounds habitually resident in England when wrongful retention occurring at end of temporary period— Whether mandatory summary return procedure under Convention applying if habitual residence of child changed to destination state by time of wrongful removal or retention— Whether wrongful repudiatory retention prior to end of agreed period of temporary absence possible in law— Requirements for demonstrating repudiatory retention— Whether children habitually resident in England when retained— Whether mother wrongfully retaining children—
Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12