Mehvish Chaudhry in A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention) [2024] EWHC 2473 (Fam)
18th Nov 2024 | Cases
Mehvish Chaudhry, instructed by Best Solicitors, appeared on behalf of the successful applicant mother in A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention) [2024] EWHC 2473 (Fam); an application by Mother for summary return of children to Hungary.
A is a seven year old boy who together with his two year old sister B were the subjects of an application by their mother for their summary return to Hungary pursuant to Article 12 of the 1980 Hague Convention. The mother is Hungarian and the father is British Nigerian. During their relationship, the parties lived and moved between the UK and Hungary. The mother had been studying for a medical degree in Budapest for some years. The family came to the UK on 26 January 2024. The mother asserted that this was a temporary relocation so that she could concentrate on concluding her degree. The father claimed that this was intended to be a permanent move.
The parents’ relationship became increasingly difficult and by March 2024 the mother was clear that she wished the children to be returned to Hungary and that she did not consent to their residence in the UK. The father’s position was that the children were now habitually resident in the UK. The mother’s position was that the children were habitually resident in Hungary.
The court found the father to be inaccurate, inconsistent and unreliable in his evidence. The court also found that although the family have moved frequently, both children were fully integrated into Hungarian society. The court found them to be habitually resident in Hungary up to January 2024. The mother’s position was corroborated by documents and correspondence which proved that the temporary nature of the move to the UK was understood by the family and paternal grandparents. Return ordered.
