“…quiescence at all, elided it with the test for consent. He was not referred to, and did not apply, the key authority of Re H (Minors) (Abduction: Acquiescence) [1998] AC 72.…”
“… often been stated, “cannot be construed differently in different jurisdictions”: Lord BrowneWilkinson in In re H and Others (Minors) (Abduction: Acquiescence) [1998] AC 72 at page 87F. I do not, therefore, consider that Mr Hames can gain the support he seeks from the availability of the inherent jurisdiction in England. His propo…”
“…osing return “establishes” that one of two criteria is met. This places the burden of proof on the objector: Re H and Others (Minors) (Abduction: Acquiescence) [1998] AC 72. The reason why the Convention places the burden of proof on the objector is designed to ensure that the underlying purpose of the Convention is carried out, v…”
“…n England and Wales are quite often prepared to rule on issues of international law which are implicated by some relevant plea of domestic law: see, e.g., Re H [1998] AC 72, 87D-G, and Salomon v Commissioners of Customs and Excise [1967] 2 QB 116, 143E-G (reference to the United Kingdom’s international obligations in order to reso…”