Family Law Hub

Re H (Abduction: Retention in Non-Contracting State) [2019] EWCA Civ 672

A mother’s appeal was dismissed in circumstances in which she had challenged a return order made in respect of the child.

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Case note, published: 04/11/2019

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See also

  • The mother appealed against an order for the return of the child to Australia. The original retention of the child took place in Uganda, a country not party to the Hague Convention 1980. In Moylan LJ's view, a retention which takes place other than in a Contracting State is a retention which is justiciable under the Convention in a Contracting State, if and when the child travels to a Convention State. There is no need for removal to be to a Contracting State, nor is there any need for the retention to be in a Contracting State. McCombe LJ and Leggatt LJ agreed. Judgment, 23/04/2019, free

Published: 04/11/2019

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