Mrs Justice Roberts :
1.The court is concerned with a four-year old child, H. H travelled to this jurisdiction with his mother (R) in mid-May this year. This is an application by H’s father (J). Pursuant to the 1980 Hague Convention, he seeks the summary return of his son to Spain which is where the family had been living since they left England the previous year in May 2021.2.Those basic facts are not in dispute. The issues which I have had to determine in the context of the father’s current application are (i) whether at the time he was removed from Spain or retained by his mother in this jurisdiction against his father’s wishes, H was habitually resident in England & Wales. If he was, that removal or retention would not be considered ‘wrongful’ in Convention terms regardless of any breach of his father’s rights of custody; and (ii) if the child had by that stage acquired habitual residence in Spain, whether the mother can avail herself of a defence under Art 13(b) of the Convention so as to give this court a discretion as to whether a summary return should be ordered. 3.A significant electronic bundle of material has been put before the court for the purposes of this hearing. Both parents have filed written evidence and exhibited to their statements a quantity of documents through many of which I was taken during the course of counsel’s submissions yesterday. I have read the entire bundle and I have listened carefully to what has been said on behalf of each of these parents. I am grateful to Mr Basi and Mr Wareing for the assistance they have given me during this hearing.