In re P-J (Children) (Abduction: Consent) – WLR daily

In re P-J (Children) (Abduction: Consent) [2009] EWCA Civ 588; [2009] WLR (D) 207

“Effective ‘consent’ to the removal of a child from the jurisdiction of the state of its habitual residence could in principle be given in advance by an eligible person. However, for reliance to be placed on the terms of art 13(a) of the Hague Convention, whereby a requested state was not bound to order the return of such a child if the person having care of the person of the child had ‘consented to or subsequently acquiesced in’ the removal, the consent had to subsist at the time when the child was in fact removed.”

WLR Daily, 23rd June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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