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Supreme Court decides habitual residence issues in Abduction Convention case

Court also rules that repudiatory retention is possible in law

The Supreme Court has determined that the Hague Convention on the Civil Aspects of International Child Abduction1980 cannot be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged. The Court also decided that repudiatory retention is possible in law.

In C (Children) [2018] UKSC 8 the Supreme Court Justices (Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes) were unanimous on the principles but Lords Kerr and Wilson gave dissenting judgments on the outcome of the case on its facts.

The appeal by the mother was allowed; the cross-appeal by the father was dismissed.

For the judgment, prefaced by a detailed summary of the issue provided by the Supreme Court, please click here.