AF v HS

AF v HS

Given the existence of subsisting French orders granting custody to the father in the UK, and the fact that both parents and children are now resident in the UK, it is inappropriate for proceedings to continue under the Hague Convention for return to France; instead, recognition and enforcement of the French orders should be pursued in the UK.

Parties
Applicant/father: AF; Respondent/mother: HS
Jurisdiction
England and Wales
Judgment Date
15 October 2015
Procedural Posture
Family / Interlocutory Application for Summary Dismissal/stay
Outcome
Application under the Hague Convention stayed; not struck out or dismissed.
Legal Topics
Hague Convention, Recognition and Enforcement of Foreign Orders, Child Custody, Jurisdiction
Family Law International Child Abduction Hague Convention Recognition and Enforcement of Foreign Orders Child Custody Jurisdiction

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Parties

AF

Applicant/father

HS

Respondent/mother

Procedural Posture

Family / Interlocutory Application for Summary Dismissal/stay

Legal Issues

  1. 1 Whether proceedings under the Hague Convention for return of children to France should be struck out or stayed given subsisting French orders granting custody in the UK
  2. 2 Whether the Hague Convention is applicable when both parents and children are resident in the UK and French orders provide for custody in the UK

Ratio Decidendi

Given the existence of subsisting French orders granting custody to the father in the UK, and the fact that both parents and children are now resident in the UK, it is inappropriate for proceedings to continue under the Hague Convention for return to France; instead, recognition and enforcement of the French orders should be pursued in the UK.

Court Disposition

Application under the Hague Convention stayed; not struck out or dismissed.

Orders

  • Proceedings under the Hague Convention are completely stayed until the conclusion of proceedings for recognition and enforcement of the French orders in the UK.