LAW REPORT: 15 April 1997: Acquiescence a Matter of Parent's Subjective Intention

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Re H and Others (Minors); House of Lords (Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Mustill, Lord Hoffman, Lord Clyde) 10 April 1997

The question whether a wronged parent had acquiesced in the wrongful removal of children for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction 1990 was one of subjective intention, and was a pure question of fact.

The House of Lords gave reasons for having allowed an appeal by the father against the decision of the Court of Appeal allowing the mother's appeal against the decision to return her children to Israel under the Convention. The father and mother were both strict …