[2017] EWHC 807 (Fam)

08/03/2017

Barristers

Christopher Hames QC
Joanne Porter

Court

Family Division

Practice Areas

International Children Law

A father had wrongfully removed his children from Canada by breaching the mother’s rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction 1980 art.3. Although the Canadian court had ordered that the father should have custody of the children and could travel internationally without the mother’s consent, that order did not entitle him to remove the children permanently. The mother had a right to veto a permanent removal of the children, which amounted to rights of custody for the purposes of art.3.

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