Mother v Father
[2023] EWHC 3555 (Fam)
Re DQ (A Child) (Abduction: Defence of Consent)
23 February 2023
[2023] EWHC 891 (Fam)
High Court
A mum and dad split up, and the mum took their child to Spain. Later, the child went to live with the dad in England for a year, and the mum says this was temporary, but the dad and his parents claim she agreed the child could stay permanently in England. A judge listened to everyone's story and decided that the mum had actually agreed to her child staying in England, so the child stays there.
Key Facts
- •Hague Abduction Convention application for the summary return of 8-year-old DQ to Spain.
- •Applicant: Mother (JQ); Respondent: Father (JH) appearing in person.
- •Mother alleged wrongful retention by father after a year of agreed temporary stay in the UK.
- •Father claimed mother consented to DQ's permanent relocation to the UK.
- •Oral evidence heard from CAFCASS officer, parents, and paternal grandparents.
- •Parties agreed in 2021 that DQ would stay with father in UK for one year due to mother's financial and family circumstances.
- •Paternal grandparents met with mother and claim she eventually consented to DQ's permanent stay in UK.
- •Mother signed a document stating DQ could reside in the UK with her father.
- •Mother's subsequent actions, such as consulting an immigration lawyer, were interpreted as supporting the father's claim.
- •DQ expressed a preference to remain in the UK and had integrated socially here.
Legal Principles
Hague Abduction Convention
Not explicitly stated, but implied throughout the judgement
Consent to removal of a child
Hague Abduction Convention (implied)
Habitual Residence
Not explicitly stated, but discussed
Outcomes
Hague Convention application dismissed.
The court found that the mother had consented to DQ's permanent removal to the UK.
DQ's habitual residence found to be in England (if relevant).
Based on CAFCASS report showing social integration and DQ's preference to remain in the UK.