Jason Green in B v G (Convention on the Civil Aspects of International Child Abduction) [2023] EWHC 2752 (Fam)

7th Nov 2023 | Cases

Jason Green, instructed by Dawson Cornwell LLP, for the successful Applicant father in B v G (Convention on the Civil Aspects of International Child Abduction) [2023] EWHC 2752 (Fam), an application by the father seeking the return of child (A) to Spain. A was born in Spain and moved to England with her mother in 2020, the parents having separated shortly after her birth.  The mother was diagnosed with cancer in 2021, while she and the child were living with the maternal grandmother. Mother and A stayed on in the UK so that mother could receive treatment from the NHS until she died in 2023.  A video recorded by the dying mother corroborated father’s position that the mother wished for A to return to Spain and live with him after her death. A permanently relocated to Spain in July 2023, but soon afterwards left to go on holiday with her mother’s family and subsequently refused to return to Spain. Maternal grandmother argued that the UK was now A’s habitual residence. Father argued that the UK ceased to be A’s habitual residence as soon as she returned to Spain in July.   A objected to relocating back to Spain but the court found no sound reason for her not to do so and suspected undue influence by her maternal grandmother. Return ordered, despite child’s objections.

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