J, Re (Habitual Residence: Acquiescence)

Clare Renton (instructed by Birmingham Legal Limited) for the Applicant (father) Paul Hepher (instructed by Duncan Lewis) for the Respondent (mother) Hearing dates: 4 & 5 December 2023 ____________________

i) Whether, and if so when, the father knew that the mother had made an application for child benefit for J in England (a factual issue which, it seemed to me, may be relevant to the father's alleged acquiescence in J's stay in this country, and/or to the question of J's integration here);

ii) The circumstances in which the father apparently acquired a 25% share in his parents' property (it is agreed without the knowledge of the mother) at the very time (April 2023) when he says (this is not entirely confirmed by the mother) that the mother was purportedly considering returning to Canada, albeit conditionally � notably one of the conditions was that she would not move back to the paternal grandparents' home.

i) By the date of the retention at the end of May 2023 (when the father insisted on J's return), J was habitually resident in England;

ii) The father consented (by mutual agreement) to J being moved to live in England;