02 March 2020
Fran Hipperson and Hannah Yellop successfully represent family client
Fran Hipperson and Hannah Yellop of our family team have recently successfully represented the mother of a very young child in a factually complex and challenging case in which the child’s father claimed the child had been abducted by the mother from Brazil in the reported case of AB v CD [2019] EWHC 3381 (Fam).
Mrs Justice Judd refused the father’s application determining that the child was habitually resident in the jurisdiction of England and Wales and therefore the removal of the child to England was not wrongful within the terms of the 1980 Hague Convention. The court further determined that the father had consented to the child’s removal to this jurisdiction and declined to return the child to Brazil pursuant to the inherent jurisdiction.
Apart from being hugely important for our client, the case provides a useful summary of the law on habitual residence and consent in Hague Convention cases and its application to the facts of this case.
For more information on the case click here: https://www.bailii.org/ew/cases/EWHC/Fam/2019/3381.html
If you require legal advice get in touch with our family team on 01753 279046 or email familylaw@bpcollins.co.uk.
