The Family Court has refused to return a five-year-old girl to her mother in Germany, even though it accepted that she had been habitually resident there before her father took her to England. 

Case Background 

The case involved a Polish couple who met and started a relationship while living in England. Their daughter was born in England in 2018. The family moved between Poland, Germany, and England due to various circumstances, including the COVID-19 pandemic. 

Dispute Over Residency 

The mother asserted that the father had wrongfully retained their daughter in England after a Christmas holiday, in breach of an agreement to return her to Germany. The mother contended that the girl was habitually resident in Germany, while the father claimed the mother had consented to the child remaining in England. 

Court’s Findings 

The court found in favor of the father. It accepted that Germany had been the girl’s habitual residence but concluded that the mother had consented to her staying in England. The court found clear and unequivocal evidence of the mother’s consent, including her communications and actions regarding living arrangements. 

Consideration of Child’s Welfare 

Given the proven consent, the court also considered the child’s welfare. The girl had significant integration into her environment in England, including attending school and having family nearby. The court concluded that her best interests were met by remaining in England.