The child’s home with the maternal grandmother in Japan
The child’s home with the maternal grandmother in Japan
As indicated earlier, the mother lived with the maternal grandmother during the time she was in Japan with the child until April 2025. I digress to observe, further to father’s case, that this apartment, if correct, does not appear to have been ideal in terms of space [149/510]. Nor was the property, in one sense, the child’s settled and lasting home. On the other hand it is continuity of carer/s that matters in the early years of a child’s life, rather than the physical home environment. I pause to reflect that the child must have spent a very considerable part of her life with the maternal grandmother, with every indication from the evidence including photographs, of an important attachment by the child to her.
- 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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