Re H (Abduction: Retention in Non-Contracting State)

Minor – Custody-. A retention which took place other than in a contracting state was a retention which was justiciable, under the Hague Convention 1980, in a contracting state. Accordingly, the Court of Appeal, Civil Division, dismissed the mother's appeal against an order made by a judge in England, requiring the return of a child (C) to Australia, where C had been habitually resident, and in circumstances where the wrongful retention had occurred in Uganda, a non-contracting state, before the parties had travelled to the UK. The court held that the judge had been right to determine that the wrongful retention in Uganda continued to be a justiciable retention.

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