The WLR Daily case summaries
[2018] WLR (D) 90
Supreme Court
In re C and another (Children) (International Centre for Family Law, Policy and Practice intervening)
[2018] UKSC 8
2017 Oct 9, 10; 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 that they were habitually resident in England when retention occurring at end of temporary period— Whether mandatory summary return procedure under Hague Convention applying if habitual residence of child changed to destination state by time of removal or retention— Whether “repudiatory retention” possible in law— Whether children habitually resident in England— Whether mother wrongfully retaining children—
Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12