Re M. (Abduction: Acquiescence) [1996] 1 FLR 315

INCADAT legal file Hague parental abduction

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Information:

The child, a boy, was 3 1/4 at the date of the alleged wrongful removal. He was born in Greece and lived there for the majority of his life. The parents were married, but separated in early December 1990. In the spring of 1991 the mother travelled to England, her State of origin, with the child for about 4 months. Following her return to Greece in May or June 1991 there was some contact between the father and child, but all contact from 7 December 1990 was in the presence of the mother.
On 19 March 1992 the mother was awarded provisional custody by the Athens court. On 14 April 1992 the mother issued a further application in Athens seeking a substantive order for care of the child and maintenance. However, the application did not progress to a hearing due to a strike by local lawyers.
The contact between the father and the child was resumed by mutual agreement in September 1992. In July 1993 the father threatened to take the child away from the mother. On 30 July 1993 the mother took the boy to England without any notice to the father.
On 12 August 1993 the mother was granted a residence order in respect of the child by Gloucester County Court.
On 19 October 1994 the father issued an application for the child’s return to Greece.