MS v PS

Minor – Removal outside jurisdiction. On the father's application, under the 1980 Hague Convention of the Civil Aspects of International Child Abduction, the Family Division ordered that his son be returned to Israel forthwith. It was a condition of the order that, among other things, the father signed written undertakings. The court held that the mother's retention of the child in England had been wrongful. On the basis of the undertakings offered by the father, the mother had failed to establish the defence under art 13(b) of the Hague Convention.