Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393

INCADAT legal file Hague parental abduction

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The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity.
The parents subsequently agreed that the child could spend Christmas 2005 with her grandparents in England. The mother returned to Spain in January 2006 without the child. The child was enrolled in school in England. In March the mother suffered a breakdown and returned to England. The father’s return petition was filed on 22 November.
On 31 January 2007 the High Court ordered the return of the child, having rejected the mother’s arguments as to acquiescence and grave risk of harm. The mother sought leave to appeal and the child sought leave to intervene in the appeal. The applications were heard separately and were the subject of separate judgments.