“… there had been a wrongful retention at all, and certainly as soon as 9 January 2018. In this regard, he referred us to the speech of Lord Brandon in ReH; Re S [1991] 2 AC 476, which confirmed that for the purposes of the Hague Convention 1980 (which of course includes similar provisions on ‘wrongful removal’ and ‘wrongful retention’…”
“…In support of these submissions, we were referred to In re H (Minors) (Abduction: Custody Rights); In re S (Minors) (Abduction: Custody Rights) [1991] 2 AC 476;…”
“…ms of Article 1 of the Convention and two House of Lords’ decisions, In re H (Minors) (Abduction: Custody Rights), In re S (Minors) (Abduction: Custody Rights) [1991] 2 AC 476 and In re S (A Minor) (Custody: Habitual Residence) [1998] AC 750. These cases decided that, for the purposes of the Convention, both removal and retention wer…”
“…There is no occasion to re-visit the decision of the House of Lords in In re H [1991] 2 AC 476 (para 28 above) that wrongful retention must be an identifiable event and cannot be regarded as a continuing process because of the need to count forward the 1…”