W, Re (Abduction: Asylum)

Mr Ralph Marham (instructed by Covent Garden Family Law) for the Applicant Ms Pauline Lewis (instructed by Malik Legal Solutions.) for the 1st Respondent Mr Jamie Niven-Phillips (instructed by Cafcass) for the 2nd-5th Respondents Hearing date: 25th January 2024 Judgment: 1st February 2024 ____________________

"to secure the prompt return of children wrongfully removed to or retained in any Contracting State �."

"a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention;

"The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights."

"Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.