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Family Law

The leading authority on all aspects of family law

04 APR 2016

BP v DP (Children: Habitual Residence) [2016] EWHC 633 (Fam)

BP v DP (Children: Habitual Residence) [2016] EWHC 633 (Fam)
(Family Division, Roberts J, 21 March 2016)

Abduction – Wrongful retention – Children placed with father due to mother’s ill health – Application for a return order to mother in Australia – Whether the children had become habitually resident in England and Wales

The mother’s application for a return order under the Hague Convention was dismissed on the basis that the children were habitually resident in England and Wales.

Case No: FD15P00455
Neutral Citation Number: [2016] EWHC 633 (Fam)

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Royal Courts of Justice
Strand
London
WC2A 2LL

Date: 21/03/2016

Before :


MRS JUSTICE ROBERTS


- - - - - - - - - - - - - - - - - - - - -


Between :


BP
Applicant


- and -


DP
(Children: Habitual Residence)
Respondent


- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -


Miss Roshi Amiraftabi (instructed by Brethertons LLP) for the Applicant
Mr Edward Devereux (instructed by Dawson Cornwell) for the Respondent


Hearing dates: 22nd, 23rd and 24th February 2016


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BP v DP (Children - Habitual Residence) [2016] EWHC 633 (Fam)

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