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08 APR 2008

ABDUCTION: B-G v B-G [2008] EWHC 688 (Fam)

(Family Division; Coleridge J; 8 April 2008)

The English couple moved to France shortly after their twins were born. Following the mother's wrongful removal of the twins from France to England days before their 4th birthday, the father consulted three different French lawyers, none of whom suggested that he bring Hague Convention proceedings. An application for the summary return of the child was made only when the judge in the mother's English divorce proceedings identified abduction as a possible issue, and transferred the case to the High Court. In defence the mother raised acquiescence.

Taking into account that the father did not have correct advice about or a detailed knowledge of his rights under the Hague Convention, the father had known that he could bring proceedings for the return of the children to France, but had chosen instead to accept the situation. Acquiescence had been made out; the court exercised the discretion that arose not to return the children.

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