A (a child), Re [2007] EWHC 2016 (Fam) (24 August 2007)

A (a child), Re [2007] EWHC 2016 (Fam) (24 August 2007)

The English court retains jurisdiction under BIIR Article 10 and 11(7) to examine the question of custody following a French Hague non-return order. However, an order for contact or shared residence in England, where the child remains habitually resident in France, does not constitute a 'judgment requiring the return of the child' under BIIR Article 11(8). The child's welfare is best served by remaining with the mother in France, with structured contact in England. Accordingly, the court declines to order the child's return to England but makes detailed orders for contact and shared parental responsibility, to be implemented as far as practicable.

Citation
[2007] EWHC 2016 (Fam)
Parties
Applicant Father: HA; Respondent Mother: MB; Child (by Guardian): A
Jurisdiction
England and Wales
Judgment Date
24 August 2007
Procedural Posture
Children Act 1989 Section 8 Application (residence, Contact, Specific Issue Orders) and BIIR Article 11(7) Application / Final Judgment After Full Hearing
Outcome
Application for return of the child to England refused; contact and shared parental responsibility orders made.
Legal Topics
Brussels II Revised (biir) Regulation, Hague Convention on the Civil Aspects of International Child Abduction 1980, Jurisdiction in Child Abduction Cases, Parental Responsibility, Habitual Residence, Shared Residence Orders, Contact Orders
Family Law International Child Abduction Private International Law Brussels II Revised (biir) Regulation Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction in Child Abduction Cases Parental Responsibility Habitual Residence +2 more

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Parties

HA

Applicant Father

MB

Respondent Mother

A

Child (by Guardian)

Procedural Posture

Children Act 1989 Section 8 Application (residence, Contact, Specific Issue Orders) and BIIR Article 11(7) Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction under BIIR Article 10 and 11(7) to determine custody and contact after a French Hague non-return order
  2. 2 Whether an order for contact or shared residence in England constitutes a 'judgment requiring the return of the child' under BIIR Article 11(8)
  3. 3 Whether the child should be ordered to return to England or remain in France with the mother

Ratio Decidendi

The English court retains jurisdiction under BIIR Article 10 and 11(7) to examine the question of custody following a French Hague non-return order. However, an order for contact or shared residence in England, where the child remains habitually resident in France, does not constitute a 'judgment requiring the return of the child' under BIIR Article 11(8). The child's welfare is best served by remaining with the mother in France, with structured contact in England. Accordingly, the court declines to order the child's return to England but makes detailed orders for contact and shared parental responsibility, to be implemented as far as practicable.

Court Disposition

Application for return of the child to England refused; contact and shared parental responsibility orders made.

Orders

  • The child A shall remain living with the mother in France.
  • The father shall have structured contact with the child in England, including an initial intensive period and regular visits thereafter, subject to financial and practical arrangements.