SCOPE OF THIS HEARING
SCOPE OF THIS HEARING
I was sent an electronic bundle comprising 510 pages in advance of the hearing. I have also been provided with the following: (a) 3 audio tapes; (b) counsels’ skeleton arguments; (c) the child’s English medical records; (d) a bundle comprising 14 pages of email communication relating to the mother’s employment application in 2024 and (e) a bundle of authorities. There were some further documents submitted which, with the exception of the applicant’s (non-agreed) chronology, I did not read as there were issues between the parties’ representatives due to the lateness of filing of these documents.
It was agreed at the Bar that it was unnecessary for the court to hear any oral evidence in order for this application to be determined. I endorsed that position at the outset of the hearing, which then proceeded by way of oral submissions.
- 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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