‘OK take custody’ email did not constitute ‘clear and unequivocal consent’ Mr Justice Baker grants mother’s application for the summary return of three children to France In D (Children: Abduction)  EWHC 3990 (Fam) Mr Justice…
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In D (Children: Abduction)  EWHC 3990 (Fam) Mr Justice Baker has granted application by a mother under the Hague Convention on Child Abduction and Brussels IIR for the summary return of three children to France. In an exchange of emails with the father had told the father: "OK take custody". He claimed that this was a clear and unequivocal to his retaining the children. The court disagreed.
The mother, father and their three children (aged six, four and two) were all French nationals. They lived together in France until the summer of 2012 when they moved to England.
The parties’ relationship ended in March 2013 and the mother sought leave to remove the children from the jurisdiction and to return them to France.
Eventually, the parties agreed that the mother could return to France with the children when a suitable house had been identified and purchased. This occurred in August 2014. From this point onwards, the father accepted that the children were habitually resident in France.