CHILD ABDUCTION: THE IMPORTANCE OF CONSENT
Perhaps, the first question you ask a client, to ascertain whether a removal is or isn’t wrongful, is whether such removal was consensual, by that we mean (in broad terms) by implied or expressed consent. In most cases, on taking evidence from the client, this is clear cut and one can be advised clearly on the redress available to them. However, from time to time this important issue can give rise to grey areas, the outcome of which can underpin the outcome of inevitable litigation. The point is highlighted in the recent case of N v A (Abduction from Pakistan) [2013] EWHC 3954 (Fam). The case also cements the principle that, once a return order has been made, the jurisdiction to decide the outcome of the case lies with the country in which the child has been declared habitually resident. The Case The case concerned a girl aged just 3 years old. Her Mother, who lived in Pakistan and was a Pakistani National, applied for the return of her daughter. The Father, who was a Brit...