BP v DP (Children: Habitual Residence)

Minor – Custody. In a case under concerning an application by a mother under the Hague Convention on the Civil Aspects of International Child Abduction 1980 for the summary return of her children from the United Kingdom to Australia, the Family Division held that an agreement of the mother to allow the children to come and live in England with the father for a period of time had necessarily to have imported into it a quality of residence that in the circumstances of the present case, the retention of the children by the father in the jurisdiction beyond the agreed date could not be considered to have been a 'wrongful retention' for the purposes of engaging art 12 of the Hague Convention. On that basis alone, the mother's application for the summary return of the children to Australia would be dismissed.

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