Child abduction

In re T (children) (abduction: recognition of foreign judgment) [2006] All ER (D) 203 (Jun)

The mother was Estonian and the father British. They were British citizens. In 2000 they moved to Spain with their two children and became resident there. In September 2005, without the consent of the mother, the father flew to England with the children. The mother began matrimonial proceedings in Spain and the father commenced proceedings in England. The Spanish court granted the mother parental authority over the children and their care and custody. The father brought a counter-application in Spain for care and custody of the children and, by a subsequent judgment after a contested hearing, the Spanish court decided that care and custody of the children should be granted to the father. The mother responded by applying for the return of the children under the Child Abduction and Custody Act 1985.