ABDUCTION: Re A (Abduction: Habitual Residence: Consent) [2005] EWHC 2998 (Fam)

31 JAN 2006

(Family Division; Sumner J; 21 December 2005) [2006] 2 FLR 1

A mother who moved to the US with the clear intention of settling in the US, together with the father and the child, both of whom were already entitled to reside in the US, could acquire habitual residence in the US even during the period in which she was not entitled to remain in the US for longer than 90 days, and even though she had stayed elsewhere from time to time while the visa process was underway. However, the evidence established that the father had consented to the mother's retention of the child in Wales, or alternatively had acquiesced in that retention.

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