Elena Smolik (A Child), Re
On the evidence before the court, Elena was habitually resident in England and Wales when taken to Slovakia, and the father wrongfully retained her there after the agreed holiday. The mother's application in England is proper due to lack of legal aid in Slovakia. A fresh return order is justified.
- Parties
- Applicant Mother: Wiem Bejaoui; Respondent Father: Rastislav Smolik
- Jurisdiction
- England and Wales
- Judgment Date
- 20 May 2024
- Procedural Posture
- Child Abduction / Family Law / Judgment on Application for Return Order
- Outcome
- Return order granted
- Legal Topics
- Hague Convention, Brussels II Regulation, Child Return Orders, Habitual Residence
Case Brief
Summary, issues, holding and outcome
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Parties
Wiem Bejaoui
Applicant Mother
Rastislav Smolik
Respondent Father
Procedural Posture
Child Abduction / Family Law / Judgment on Application for Return Order
Legal Issues
- 1 Whether the father wrongfully retained the child in Slovakia after a holiday
- 2 Whether the English court is the proper forum for the return application
- 3 Whether the mother is entitled to a return order for the child
Ratio Decidendi
On the evidence before the court, Elena was habitually resident in England and Wales when taken to Slovakia, and the father wrongfully retained her there after the agreed holiday. The mother's application in England is proper due to lack of legal aid in Slovakia. A fresh return order is justified.
Court Disposition
Return order granted
Orders
- Fresh return order for Elena Smolik to England and Wales
- Permission for the mother to publish the judgment and a photograph of the child if she wishes
Full Case Text
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