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(Family Division, Peter Jackson J, 3 December 2012)
The Nigerian parents placed their 2-year-old child in the care of his maternal aunt and uncle, who had leave to remain in the UK, and returned to Nigeria. When the parents returned 5 years later and took the child to Nigeria without the knowledge or consent of the aunt and uncle they claimed they were resuming care of the child.
The aunt and uncle sought the child's return and a residence order but the parents claimed he was now settled and habitually resident in Nigeria.
The judge attached considerable weight to the length of time the child had spent in the care of the aunt and uncle in the UK and found the child to remain habitually resident here.
The Red Book is the acknowledged authority on practice and procedure