Re O (Child Abduction: Habitual Residence)

Minor – Abduction. The applicant mother sought an order for the summary return to Mexico of her two year old daughter, C, claiming that C had come to England for a short visit and that the respondent father had retained her in England. The Family Court held that C had come to England with her mother as part of a family plan to relocate to England indefinitely, and possibly permanently. At the point of her departure from Mexico, in April 2014, C had lost her habitual residence there. There had been no wrongful retention and the mother's application for a summary return failed.

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