T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415 (01 December 2023)

T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415 (01 December 2023)

The Court of Appeal held that no concluded agreement was reached between the parties on 22 August 2023 because there was no consensus on the effectiveness and enforceability of protective measures in the USA, a fundamental term in the context of Article 13(b) Hague Convention proceedings. The principles in Rose and Xydhias are not directly applicable to child abduction cases, where the child's welfare and effective protective measures are paramount. The orders made by the High Court were set aside.

Citation
[2023] EWCA Civ 1415
Parties
Appellant (mother): G; Respondent (father): T; Intervenor: Reunite International Child Abduction Centre
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Appeal (1980 Hague Convention Child Abduction) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal allowed; High Court orders set aside
Legal Topics
International Child Abduction, 1980 Hague Convention, Protective Measures, Consent Orders, Article 13(b) Exception, Enforceability of Undertakings, Soft Landing Provisions
Family Law International Law International Child Abduction 1980 Hague Convention Protective Measures Consent Orders Article 13(b) Exception Enforceability of Undertakings +1 more

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Parties

G

Appellant (mother)

T

Respondent (father)

Reunite International Child Abduction Centre

Intervenor

Procedural Posture

Appeal (1980 Hague Convention Child Abduction) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether a concluded agreement was reached between parties in 1980 Hague Convention proceedings where protective measures were disputed
  2. 2 Applicability of Rose v Rose and Xydhias v Xydhias principles to child abduction proceedings
  3. 3 Court's approach when a parent retracts offer to accompany child before final order

Ratio Decidendi

The Court of Appeal held that no concluded agreement was reached between the parties on 22 August 2023 because there was no consensus on the effectiveness and enforceability of protective measures in the USA, a fundamental term in the context of Article 13(b) Hague Convention proceedings. The principles in Rose and Xydhias are not directly applicable to child abduction cases, where the child's welfare and effective protective measures are paramount. The orders made by the High Court were set aside.

Court Disposition

Appeal allowed; High Court orders set aside

Orders

  • Orders of 22 and 24 August 2023 set aside
  • Matter remitted for reconsideration in accordance with this judgment