Parental Responsibility

A summary of international relocation case F (Child)[2012] EWCA Civ 1364.

The case concerned a boy, P, who was born in November 2004, to Spanish parents. The family moved to this country in 2009, when the father was offered a posting here by his employer, and intended to stay here until at least 2013. However, the relationship broke down and the mother returned to Spain in August 2011, leaving P in this country with the father. It was common ground that prior to August 2011 the mother was P's primary carer but that since then the primary carer has been the father. 

The mother applied for the return of P to Spain in accordance with the provisions of the Hague Convention. However, her application was dismissed after the court held that P was at the material date habitually resident not in Spain but in this country.