Date: Fri 11 Jan 2019

Repudiatory Retention

In the matter of C (Children) [2018] UKSC 8

What happens if you make an agreement with the “other” parent that they make go abroad for a temporary period with your child(ren) and they then break that agreement and remain there?

This was considered by the Supreme Court In the matter of C (Children) [2018] UKSC 8Supreme Court Rules.

This case addressed the concept of ‘Repudiatory Retention’ In child abduction cases

What this decision means in practice

Following the recent Supreme Court’s decision, parents should be very wary about permitting a child to move overseas, even if the move is temporary (this especially applies if the destination country is not a signatory to The Hague Convention). This is because it is possible for a child to become a habitual resident of another country, even if the left-behind parent vehemently objects.

Unfortunately, it is extremely difficult to determine at what point in time a parent makes a decision to break/breach any existing agreement regarding children being temporarily moved abroad.

If you are a parent and believe the travelling or potentially travelling parent may decide to remain permanently in the destination country, you must seek legal advice. This is because there is a real risk you could lose the opportunity to bring an application under the Convention.

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