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THE ALLEGED WRONGFUL RETENTION
THE ALLEGED WRONGFUL RETENTION
Overview
I therefore turn to set out my determination of this application and begin with the date of alleged wrongful retention. Whilst this aspect of the case is inextricably linked to the child’s habitual residence, I am satisfied that it is necessary to determine this issue at this point and then reflect on whether any retention was wrongful. I have already set out about the parents’ competing positions.
- 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