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D (Children) [2006] EWCA Civ 146

A father was appealing against a decision to allow the mother and children to remain in the UK following his application under the Child Abduction and Custody Act 1985. The appeal was dismissed.

D (Children) [2006] EWCA Civ 146

Court of Appeal: Wall LJ, Thorpe LJ, Coleridge J (25 January 2006)

A father was appealing against a decision to allow the mother and children to remain in the UK following his application under the Child Abduction and Custody Act 1985. The appeal was dismissed.

The mother had arrived here from Venezuela where there were ongoing divorce proceedings following an attempted assassination, so she relied for her defence on Article 13(b) of the Hague Convention. The father argued that the removal had been pre-planned and was an attempt to achieve what could not be achieved in the Venezuelan courts.

The Court of Appeal found that, although the judge had been unduly lenient towards aspects of the mother's evidence, she had been right to recognise that the fact of the assassination attempt, and the consequent physical threat if the mother and children returned to Venezuela, 'outrumped' any arguments regarding the mother's intentions.

Read the full text of the judgment here