AB v CD (Rev1) [2022] EWFC 145 (28 November 2022)

AB v CD (Rev1) [2022] EWFC 145 (28 November 2022)

The child was habitually resident in Bulgaria at the time of removal. The removal by the Mother was wrongful under Bulgarian law and the Hague Convention. No Article 13(b) or Article 20 exception was established. The summary return order is required to allow the Bulgarian courts to determine child arrangements.

Source-derived case information.

Citation
[2022] EWFC 145
Parties
Applicant/father: AB; Respondent/mother: CD
Jurisdiction
England and Wales
Judgment Date
28 November 2022
Procedural Posture
Application Under the Hague Convention on the Civil Aspects of International Child Abduction 1980 / Final Judgment on Summary Return Application
Outcome
Application granted. Summary return order made.
Legal Topics
International Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Child Custody, Human Rights (article 8 Echr)
Family Law International Law International Child Abduction Hague Convention 1980 Habitual Residence Summary Return Child Custody Human Rights (article 8 Echr)

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Parties

AB

Applicant/father

CD

Respondent/mother

Procedural Posture

Application Under the Hague Convention on the Civil Aspects of International Child Abduction 1980 / Final Judgment on Summary Return Application

Legal Issues

  1. 1 Whether the removal of the child from Bulgaria to the UK was wrongful under the Hague Convention 1980
  2. 2 Whether the child was habitually resident in Bulgaria at the time of removal
  3. 3 Whether any exceptions under Article 13(b) or Article 20 of the Convention apply to prevent return

Ratio Decidendi

The child was habitually resident in Bulgaria at the time of removal. The removal by the Mother was wrongful under Bulgarian law and the Hague Convention. No Article 13(b) or Article 20 exception was established. The summary return order is required to allow the Bulgarian courts to determine child arrangements.

Court Disposition

Application granted. Summary return order made.

Orders

  • The child X shall return forthwith to Bulgaria so that the Bulgarian courts can make child arrangement decisions.
  • Permission to appeal refused.