Re D (A Child) (Habitual Residence: Consent and Acquiescence)

Minor – Custody. D had been born to the mother in Germany. D's father was a British citizen who lived with his wife in England. D subsequently travelled to England, where he had lived ever since. The mother sought either a return order or a transfer request for proceedings to be resolved in Germany. The Family Division held that, on the evidence, the arrangement between the parties had been for D to be brought up in England by his father and his wife. D had not been, as his mother suggested, habitually resident in Germany and, therefore, art 3 of the Convention on the Civil Aspects of International Child Abduction 1980 was not engaged.

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