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Family Law

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16 MAY 2011

WARDSHIP: Re A (Children) [2011] EWCA Civ 265

(Court of Appeal, Wilson, Munby and Coleridge LJJ, 17 March 2011)

Twins were taken to Cameroon by the paternal grandmother with the mother's consent on the basis that they would return within a few months. They did not return on due date and a year after their removal the mother sought an order that the father disclose the whereabouts of twins.

Held that twins were habitually resident in Cameroon. Although the application of BIIR had not been considered, the father had not unequivocally accepted the jurisdiction of the English court and therefore Art 12 did not apply.


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