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International Family Law

The leading authority on international family law

22 MAY 2012

A v T [2011] FD11P02388

Abduction - Article 13(a) consent and acquiescence defences - Whether consensual, temporary removal automatically suspends earlier consent to permanent removal

9 December 2011

Family Division

Baker J


2 children (4 ½ and 2) born in Sweden. Father ("F") was Swedish. Mother ("M") was British. M removed the children to England in June 2011 with the consent of F for a temporary period of time. At end July 2011, M decided she wanted to remain in England with the children on a permanent basis. F sought the return of the children to Sweden under Hague Convention 1980 / Brussels II Revised Regulation 2003 on the basis that he had not agreed to the children remaining permanently in England when the M left with the children in June 2011. M's defended the proceedings on the basis of an article 13(a) consent and article 13(a) acquiescence defence.

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