CA v KA

Minor – Wrongful removal or retention. The father's application, under the Hague Convention 1980, for the summary return of the child (IA) to Germany, where she had been habitually resident, was dismissed. The Family Division held that, on the facts, the father had consented to the continued presence of IA in the jurisdiction in which she had been retained (the UK). Further, in circumstances where both parents had failed to apply in Germany for substantive relief concerning IA, the court reiterated that, where a parent submitted an application for the return of a child to the land of her habitual residence, it was implicit that he/she intended, at the earliest opportunity, to commence a claim for substantive relief in the court of that child's homeland.

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