Husband and Wife are both originally from Nigeria.
Husband and Wife have two Children together and the family has been living in the US.
Wife takes the Children to Nigeria on vacation … and informs Husband that they will not be returning.
Wife takes the Children to the UK for a vacation.
Husband applies for return of the Children from the UK to the US under the Hague Convention on the Civil Aspects of International Child Abduction, even though the Children are just visiting in the UK.
The UK trial court concludes that the Children are habitual residents of Nigeria … but orders the return of the Children from the UK to the US anyway.
Wife appeals.
The appellate court reverses, holding that the Children should remain in Nigeria.
The court weighed heavily the delay in filing for return of the Children in the UK..
Read more in this [UK] Children & Young People Now article: Legal Report: Child abduction and this Bailii [UK] England and Wales Court of Appeal (Civil Division) Decisions.
