Kennedy v Kennedy [2009] EWCA Civ 986 (24 June 2009)

Family Law Newswatch report

Unmarried parents both British, but habitually resident in Spain; the two children, also British nationals, were born and registered in Spain. The mother removed the children to England; the father then sought the summary return of the children under the Hague Convention. A preliminary issue arose as to whether the father had rights of custody for the purposes of the Convention. The President of the Family Division concluded that the removal or retention of the children by the mother had been in breach of the father's rights of custody, because at the time of the children's removal the father had been exercising rights of parental control and custody under Spanish law. The appeal was dismissed. The President had adopted the correct approach at trial.

[A full report of this case may now be found here.]