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Michael Gration KC (instructed by Anthony Louca Solicitors Limited) for the Applicant Teertha Gupta KC (instructed by Goodman Ray Solicitors) for the Respondent Hearing date: 12 September 2023 ____________________
ii) Whether, as the mother contends, the admitted wrongful removal has been rendered lawful by the subsequent order of the family court in Portugal.
iii) If not, should the Court proceed to a final determination of the father's application and, potentially, make a summary return order notwithstanding the Portuguese court order?
Arrangements for the children to spend time with the parent with whom they were not living were then set out. There has been no appeal against that decision.
The mother applied to the Spanish court, seeking parental care and custody of the children. The father brought a counter-application. After hearing evidence, the Spanish court decided that as an interim measure custody should remain with the father. On the mother's application for summary return of the children to Spain, one of the father's defences was that the Spanish court's determination had "overtaken" the unlawfulness of his removal:
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