DL v EL [2013] EWCA Civ 865 (16 July 2013)

The court addressed the question as to whether the lawful removal of a child from the US became a wrongful removal following a successful appeal against the order which had allowed removal. The court held that this did not render a lawful removal unlawful and thus the child in question, who had been brought to the UK had acquired habitual residence here. The length of time (12 months) for the US appeal was a relevant factor. The court holding that once there has been a lawful departure, annulled 12 months later by a successful appeal only Article 18 (and in an English context the inherent jurisdiction) could provide a remedy for the successful appellant.