DW v MB – [2020] JMSC Civ 230

INCADAT legal file Hague parental abduction

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Information:

The parents had a child, born in 2017 in Maryland, USA. They married in 2018 and lived in Florida, USA, until June 2019 when the mother and the child travelled to Jamaica.
In October 2019 the father filed an application under the 1980 Hague Convention for the return of the child to the USA.
The mother argued, inter alia, that the father had acquiesced to her move to Jamaica with the child, that the child had been in Jamaica for over a year and was now settled, and that the father had been abuser to her and his older children and that there was a grave risk of harm to the child if were to return to the USA.