PRELIMINARY FINDINGS / COMMENTS
PRELIMINARY FINDINGS / COMMENTS
I remind myself again that I have not heard any oral evidence. However, in my judgment, I am in a position to make some preliminary findings, or comments, further informed by reviewing the oral submissions advanced in the light of the written evidence before me. I have listened again to the three audio recording, and re-read large sections of the core bundle. These findings will, in part, help to inform my ultimate determination.
The parents: as individuals
I certainly have no hesitation in accepting the submission that the court is concerned with talented, intelligent, professional and highly literate individuals.
- 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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