“(1) The removing parent must prove consent to the civil standard. The inquiry is fact-specific and the ultimate question is: had the remaining parent clearly and unequivocally consented to the removal? (2) The presence or absence of consent must be viewed in the context of the common sense realities of family life and family breakdown, and not in the context of the law of contract. The court will focus on the reality of the family’s situation and consider all the circumstances in making its assessment. A primary focus is likely to be on the words and actions of the remaining parent. The words and actions of the removing parent may also be a significant indicator of whether that parent genuinely believed that consent had been given, and consequently an indicator of whether consent had in fact been given. (3) Consent must be clear and unequivocal but it does not have to be given in writing or in any particular terms. It may be manifested by words and/or inferred from conduct. (4) A person may consent with the gravest reservations, but that does not render the consent invalid if the evidence is otherwise sufficient to establish it. (5) Consent must be real in the sense that it relates to a removal in circumstances that are broadly within the contemplation of both parties. (6) Consent that would not have been given but for some material deception or misrepresentation on the part of the removing parent will not be valid. (7) Consent must be given before removal. Advance consent may be given to removal at some future but unspecified time or upon the happening of an event that can be objectively verified by both parties. To be valid, such consent must still be operative at the time of the removal. (8) Consent can be withdrawn at any time before the actual removal. The question will be whether, in the light of the words and/or conduct of the remaining parent, the previous consent remained operative or not. (9) The giving or withdrawing of consent by a remaining parent must have been made known by words and/or conduct to the removing parent. A consent or withdrawal of consent of which a removing parent is unaware cannot be effective.”
“the gateway stage is confined to a straightforward and fairly robust examination of whether the simple terms of the Convention are satisfied in that the child objects to being returned and has attained a degree of maturity at which it is appropriate to take account of his or her views. Sub-tests and technicalities of all sorts should be avoided. The following factors apply: (a) Whether a child objects to being returned is a matter of fact, as is her age; (b) There is no fixed age below which the child’s objections will not be taken into account, albeit the younger a child is the less likely it is that she will have the maturity which makes it appropriate to do so; (c) The child’s views have to amount to an objection, and anything less than that (for example, a preference) will not do; (d) Further, the objection must be to being returned to the country of the child’s habitual residence, not to living with a particular parent, albeit there may be cases where those factors are so inextricably linked that they cannot be separated.”