R v R (Residence Order: Child Abduction)

Subject Matter

CHILDREN — Custody rights — Enforcement — Wife bringing children to United Kingdom in breach of order of Spanish court — Probable wrongful removal from Spanish jurisdiction — Husband not invoking Hague Convention — Wife seeking residence orders with respect to children — Duty of court — Whether court having “notice” of wrongful removal — Whether bound to refrain from making residence order — Whether husband to be informed of rights under Hague Convention — Matrimonial Causes Act 1973, s 41 (as substituted by Children Act 1989, s 108(4), Sch 12, para 31) — Child Abduction and Custody Act 1985, s 5, Sch 1, arts 7, 16

[1995] Fam 209; [1995] 3 WLR 425; [1995] 4 All ER 115; [1995] 2 FLR 625, Fam D