Re H.; Re S. (Abduction: Custody Rights) [1991] 2 AC 476

INCADAT legal file Hague parental abduction

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The children were 7 1/2 and 6 1/2 at the date of the alleged wrongful removal. They had lived in Canada all of their lives. Pursuant to an order of the Supreme Court of Ontario, dated 20 September 1985, the mother had been awarded custody of the children, the father access.
In March 1986, following a period of access, the father took the children to England and then to India. In early 1989 the father went back to England with the children and the mother commenced return proceedings under the Convention.
On 11 July 1990 the High Court dismissed the mother’s application.
On 27 July 1990 the Court of Appeal dismissed the mother’s appeal. It held that it had no jurisdiction to hear the application on the grounds that the Convention had not entered into effect between the United Kingdom and Ontario at the date of the alleged wrongful removal.
The mother appealed to the House of Lords.
In addition to bringing her Convention application the mother also initiated proceedings under the wardship jurisdiction of the High Court.
On 23 August 1990 she was awarded care and control of the children and given leave to relocate with them to the United States.