Nyachowe v. Fielder [2007] EWCA Civ 1129

INCADAT legal file Hague parental abduction

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The application related to a 12 year old girl who was born to Zimbabwean parents. The parents never married and never really cohabited. For the first 10 years of her life the girl lived in Zimbabwe in the care of her maternal grandmother.
During this time the mother was in the United Kingdom, whilst the father was in both the United Kingdom and South Africa. At Christmas 2005 the girl travelled alone to stay with the father in South Africa.
Whilst she believed it to be a short visit she remained with the father. In early 2007 it was agreed that the girl would go to England to spend a two week vacation with the mother.
The girl did not return and the father initiated Convention proceedings. The High Court ruled the retention to be wrongful and made a return order, notwithstanding the girl’s objections to a return. Mother and daughter appealed.