Family proceedings

Under the Hague Convention 1980, wrongful retention could occur before the previously agreed date of return (anticipatory retention) and whether anticipatory retention had occurred was a question of fact to be resolved by reference to the evidence of the circumstances. In the light of that finding the Court of Appeal, Civil Division held that the judge had failed to consider or address that key issue when considering whether the ‘circumstances surrounding the children’s applications for British citizenship’ amounted to ‘anticipatory retention. The case would be returned for a rehearing.