Summary
In this case, the English court dealt with an application for a summary return of a child, SK, to Latvia.
The parties were from Latvia. They had two children, born in Latvia in March 2007, and April 2008, respectively. The parents came over to work in England in November 2008. Their children joined them in January 2010.
However, there was a breakdown in the relationship between the parties.
In September 2011, they returned to Latvia; it was agreed for the children to remain there with the father’s aunt.
Subsequently, in January 2012, the mother went to collect the children from Latvia.
A dispute had arisen. An agreement was eventually reached for one of the children, AK, to remain with the mother, and the other child, SK, to remain with the father. These arrangements appeared to be temporary and conditional - had the father not bought a property within 6 months, it was agreed that the mother could collect SK. After six months no property was bought by the father, so the mother removed the child from Latvia.
The application for a summary return of both children to Latvia raised an issue as to where the children were habitually resident. Mr Justice Moor held:
“I find that AK was habitually resident in Latvia on 16th January 2012 and SK was habitually resident there on 27th July 2012, the dates on which they respectively were removed from that country.“ [32]
The application for a summary return of SK to Latvia was granted by the English High Court.