Introduction
These proceedings concern one child, namely P, born on [date redacted], who is therefore aged [age redacted] old. I shall refer to P as “the child” in this judgment.
G is the child’s mother and is the applicant in these proceedings. K is the child’s father and the respondent. I shall refer to them as “the mother” and “the father”, or collectively as “the parents”, in this judgment. The parents were married in the United Kingdom (“UK”) in 2021. It therefore follows that they share Parental Responsibility in relation to the child.
The mother seeks the child’s summary return to Japan pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“the Convention”) enacted via the Child Abduction and Custody Act 1985. The father has defended that application. For the avoidance of any doubt, no alternative application has been pursued on behalf of the mother at the hearing as potentially indicated in the Form C66 application [7/510].
The final hearing took place on 23 and 24 September 2025. Due to additional time taken in submissions, for which no direct or indirect criticism is intended, it became necessary for the court to find further time to reflect, draft and to remotely hand down this written judgment.
- Heading
- Introduction
- THE PARTIES’ POSITIONS
- Father
- SCOPE OF THIS HEARING
- RELEVANT LAW
- NATIONALITY
- BACKGROUND
- LITIGATION HISTORY BETWEEN THE PARTIES
- PRELIMINARY FINDINGS / COMMENTS
- The parents: as an international couple
- The post nuptial agreement
- The parents’ argument in January 2022
- Mother’s subsequent threats to keep the child / exclude the father
- The child’s international movements
- The child’s home with the maternal grandmother in Japan
- Monitoring of the child’s health and general development
- Nursery provision
- Mother’s employment
- The incident on 18/6/25
- The incident on 19/6/25
- Father’s contention as to habitual residence in his CA89 application
- THE ALLEGED WRONGFUL RETENTION
- Discussion / determination
- HABITUAL RESIDENCE
- Discussion / determination
- FATHER’S ARTICLE 13b DEFENCE
- Discussion and determination
- UNDERTAKINGS
- Conclusions
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