Re H (Children) (Jurisdiction: Habitual Residence) [2014] EWCA Civ 1101

INCADAT legal file Hague parental abduction

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The proceedings concerned two children born to married parents of Bangladeshi origin. In May 2008, the parents and their children travelled to Bangladesh when the first child was 14 months old and the second six weeks old. The father returned alone in August 2008.
The father made three extensive visits to Bangladesh between 2009 and 2012, spending two years there in all. He last saw the children in November 2012. The reason for the mother’s continued presence in Bangladesh was the subject of dispute as between the parents.
The father issued proceedings in Bangladesh and in July 2011 succeeded in obtaining an order for custody and restitution of conjugal rights. On 4 February 2013, the father issued proceedings in the High Court in London for the return of the children to the United Kingdom, having been advised that an English order for return would “carry a highly persuasive value” in Bangladesh.
On 24 September 2013, the application was dismissed: H v B [2013] EWHC 2950 (Fam). The father appealed.