A v B & Anor [2023] EWHC 3041 (Fam) (29 November 2023)

A v B & Anor [2023] EWHC 3041 (Fam) (29 November 2023)

Given the overwhelming welfare evidence that the child urgently needs specialist support only available in Ireland, the lack of a seriously arguable defence by the mother under Article 13(b) or child objections, and the father's continuing parental rights, there is no justification for restraining the father from returning the child to Ireland on an interim basis. The balance of convenience and the child's best interests require immediate return.

Citation
[2023] EWHC 3041 (Fam)
Parties
Applicant: A; First Respondent: B; Second Respondent: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
29 November 2023
Procedural Posture
Child Abduction and Custody (application Under Child Custody and Abduction Act 1985) / Interim Application for Return Order Pending Final Hearing
Outcome
Interim return order granted; father released from undertaking not to remove child from jurisdiction; child to return to Ireland with father pending final hearing.
Legal Topics
Interim Return Orders, Habitual Residence, Parental Responsibility, Article 13(b) Hague Convention, Child Objections, Mental Capacity in Family Proceedings
Family Law International Child Abduction Interim Return Orders Habitual Residence Parental Responsibility Article 13(b) Hague Convention Child Objections Mental Capacity in Family Proceedings

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Parties

A

Applicant

B

First Respondent

Bristol City Council

Second Respondent

Procedural Posture

Child Abduction and Custody (application Under Child Custody and Abduction Act 1985) / Interim Application for Return Order Pending Final Hearing

Legal Issues

  1. 1 Whether the father should be permitted to return the child to Ireland on an interim basis pending final determination of the return application
  2. 2 Whether the mother has a seriously arguable defence under Article 13(b) of the 1980 Hague Convention or based on child objections
  3. 3 Whether the father's parental rights allow him to return the child absent a court order

Ratio Decidendi

Given the overwhelming welfare evidence that the child urgently needs specialist support only available in Ireland, the lack of a seriously arguable defence by the mother under Article 13(b) or child objections, and the father's continuing parental rights, there is no justification for restraining the father from returning the child to Ireland on an interim basis. The balance of convenience and the child's best interests require immediate return.

Court Disposition

Interim return order granted; father released from undertaking not to remove child from jurisdiction; child to return to Ireland with father pending final hearing.

Orders

  • Father released from undertaking not to remove child from England and Wales.
  • Mother's solicitors to release child's passport to father.