Family Law Hub

NB v Haringey [2011] EWHC 3544 (Fam)

Judgment, published: 31/12/2011

Items referring to this

  • Sir Peter Singer's High Court judgment in which he has to grapple with 2 novel issues in a case involving proceedings in the UK and America. The M had brought the child to the UK after the American court ruled that he was habitually resident in the UK. This was subsequently overturned and the M ordered to return the child to F in America. The main issues were: 1) did the decision of the US court have the consequence of rendering the removal ''wrongful'' for the purposes of Article 3 of the Hague Convention?; 2) If the removal of the child was not ''wrongful'', then did the US appellate decision and the consequential US order requiring the mother to return the child mean that she had wrongfully retained the child away from the USA? Or was the child's habitual residence in England? Judgment, 11/09/2013, free

Published: 31/12/2011

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