![[2025] EWHC 2961 (Fam)](https://backend.juristeca.com/files/emisores/logo_0FrGysm.png){kind=logo}
NATIONALITY
NATIONALITY
The mother is a Japanese Citizen, who currently lives in Japan. Whilst she has previously applied for a spousal visa [122/510] she has not yet attained leave to remain in the UK. The father is a British Citizen, who lives in [England]. He has not acquired any immigration status in Japan. The child has dual nationality [6/510]. It follows that she has an equal right to remain in each country.
- 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