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(Family Division, Macur J, 19 October 2012)
The Mexican mother and English father had a child and lived in UK. When the family went to Mexico for a holiday the mother failed to return with child. Hague Convention proceedings were instigated by father and the child was made a ward of court but the mother failed in engage in proceedings.
The parents came to an agreement for the child to live in Mexico and have staying contact with father in England. The father failed to return the child following contact and the mother issued Hague proceedings in reliance on the agreement in establishing habitual residence in Mexico.
Application dismissed. The child had been habitually resident in the UK prior to the mother's removal, even if father had validly given consent to a change of residence, an appreciable period of settled residence was needed subsequently. The status of ward of court was not of limited consequence and effect. The mother had received notice of the previous proceedings and failed to engage.
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