The Family Court has ordered that a six-year-old boy abducted by his mother should be returned to his father in Holland. 

Case Background 

The father, Dutch, and the mother, British, married and lived in Holland. They divorced in 2022, with a Dutch court ordering that their son should have his main residence with the father and spend weekends with the mother. In May 2022, the mother left the boy in the father’s full-time care and returned to England. In August 2022, the father took the boy to England to visit the mother, but she did not return him to Holland. 

Legal Arguments 

The father argued that the trip was intended as a holiday, and he did not consent to a permanent relocation, as evidenced by his email to the mother. The mother contended that the father had consented to the boy living permanently in England and that returning to Holland would be intolerable for the boy due to her homelessness and alleged controlling behavior by the father. 

Court’s Decision 

The court granted the father’s application under the Child Abduction and Custody Act 1985. It held that the mother had not proven the father’s clear and unequivocal consent for their son’s removal to live in England. The boy was habitually resident in Holland when removed, and the father was exercising custody rights as ordered by the Dutch court. None of the exceptions to return were made out, and a return order was granted.