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Mr M. Smith (instructed by IMD Solicitors) for the Applicant Mr F. Shama (instructed by Dawson Cornwell LLP) for the Respondent Hearing date: 9 July 2025 ____________________
The primary focus in [ Cannon v Cannon (above)] was the impact in law of the concealment and subterfuge on an assertion of settlement within the new environment. Thorpe LJ accepted the submission from the Advocate to the Court that it would be very difficult for a parent who has hidden a child away to demonstrate that she is settled in her new environment: see paras 52�53.
Now, I would entirely accept that a fugitive from justice (and her dependant child) would be unable to satisfy the mental constituent suggested by the dictionary definition of settlement, for the reasons given by Thorpe LJ. It is just not possible to intend in a bona fide way to establish a place as your permanent residence if you are always looking over your shoulder for the arrival of the authorities and making ready to flee if it looks that they are closing in.
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Common Room
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