AF (Father) v T (Mother) & Anor (Rev 1)

AF (Father) v T (Mother) & Anor (Rev 1)

It is appropriate for the English court to make a contact order enforceable in Germany, given the practical impossibility for the father to litigate there and the risk of irretrievable loss of the father-child relationship. The welfare of the child is best served by maintaining supervised contact, and there is insufficient evidence to justify a return order or to support the mother's total opposition to contact.

Parties
Applicant Father: AF; Respondent Mother: T; Child: A (a child, by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 May 2011
Procedural Posture
Family Law International Child Abduction / Judgment on Article 11(7) Brussels II Revised Application
Outcome
Application for return dismissed; contact order granted.
Legal Topics
Child Abduction, Custody, Contact Orders, Article 8 ECHR, Brussels II Revised, Hague Convention, Children Act 1989
Family Law International Law Human Rights Child Abduction Custody Contact Orders Article 8 ECHR Brussels II Revised +2 more

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Parties

AF

Applicant Father

T

Respondent Mother

A (a child, by his Children’s Guardian)

Child

Procedural Posture

Family Law International Child Abduction / Judgment on Article 11(7) Brussels II Revised Application

Legal Issues

  1. 1 Whether to order the return of the child to England under Article 11(7) Brussels II Revised
  2. 2 Whether to make a contact order enforceable in Germany
  3. 3 Whether the German authorities' withholding of information breaches Article 8 ECHR rights

Ratio Decidendi

It is appropriate for the English court to make a contact order enforceable in Germany, given the practical impossibility for the father to litigate there and the risk of irretrievable loss of the father-child relationship. The welfare of the child is best served by maintaining supervised contact, and there is insufficient evidence to justify a return order or to support the mother's total opposition to contact.

Court Disposition

Application for return dismissed; contact order granted.

Orders

  • The application for return of the child to England is dismissed.
  • The child shall reside with the mother.