AB v BB [2022] EWHC 1965 (Fam) DHCJ David Lock QC

News | Mon 12th Sep, 2022

Edward Lamb, instructed by Georgina Emmerson of Ellis Jones Solicitors, successfully defended an application by the mother AB (“the Mother”) under the Child Abduction and Custody Act 1985 for the summary return of EF to Cyprus, where the Mother claimed the child is habitually resident. The application was defended on the grounds that (a) EF was habitually resident in the UK at the relevant date, (b) the Mother consented to EF’s relocation to the UK or otherwise acquiesced in the child’s relocation to the UK, (c) that returning EF to Cyprus would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The father was successful in establishing each of his pleaded defences and the application was dismissed.

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