A, B, C (Children), Re

A, B, C (Children), Re

The parties settled: the father withdrew his applications for the return of the children to Belgium and agreed not to pursue Belgian proceedings or orders, in exchange for the mother facilitating reintroduction of contact between the father and the children, with an initial supervised session by the CAFCASS guardian. The court endorsed this compromise as in the children's best interests, noting the need for risk assessment before unsupervised contact due to unresolved allegations of violence.

Parties
Applicant Father: F; Respondent Mother: G; Children (joined Parties): A, B, C (the children)
Jurisdiction
England and Wales
Judgment Date
21 September 2016
Procedural Posture
Family Law (child Abduction/relocation, Contact) / Judgment Following Settlement at Final Hearing
Outcome
Compromise approved; father's applications for return withdrawn; contact to be reintroduced under supervision; future arrangements to be case managed if needed.
Legal Topics
Hague Convention, Brussels II Revised, Parental Responsibility, Child Contact, Habitual Residence
Family Law International Child Abduction Hague Convention Brussels II Revised Parental Responsibility Child Contact Habitual Residence

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Parties

F

Applicant Father

G

Respondent Mother

A, B, C (the children)

Children (joined Parties)

Procedural Posture

Family Law (child Abduction/relocation, Contact) / Judgment Following Settlement at Final Hearing

Legal Issues

  1. 1 Whether the children should be returned to Belgium under the Hague Convention or inherent jurisdiction
  2. 2 Whether the Belgian order should be registered and enforced in England
  3. 3 Arrangements for contact between the father and the children

Ratio Decidendi

The parties settled: the father withdrew his applications for the return of the children to Belgium and agreed not to pursue Belgian proceedings or orders, in exchange for the mother facilitating reintroduction of contact between the father and the children, with an initial supervised session by the CAFCASS guardian. The court endorsed this compromise as in the children's best interests, noting the need for risk assessment before unsupervised contact due to unresolved allegations of violence.

Court Disposition

Compromise approved; father's applications for return withdrawn; contact to be reintroduced under supervision; future arrangements to be case managed if needed.

Orders

  • Father's applications for return of the children to Belgium are withdrawn and dismissed.
  • Mother to facilitate indirect (telephone/Skype) and one supervised direct contact session between the father and the children, supervised by Ms. L of CAFCASS.