AH v CD & Ors

AH v CD & Ors

The overwhelming evidence demonstrates B's welfare is best promoted by returning to live with his father in Spain, with protective and contact arrangements in place; the mother poses ongoing risk and lacks insight, and the care order should be discharged and replaced by accommodation under section 5 Child Abduction and Custody Act 1985 pending return.

Parties
Applicant: AH; 1st Respondent: CD; 2nd Respondent: London Borough of Haringey; 3rd Respondent: B (Through his Guardian, Mr William Walker); 4th Respondent: W (Through the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
19 July 2018
Procedural Posture
Child Abduction and Care Proceedings / Final Judgment
Outcome
B to be returned to Spain to live with his father; care order discharged; B to be accommodated by local authority under section 5 Child Abduction and Custody Act 1985 pending return; protective and contact orders made.
Legal Topics
Hague Convention, Care Orders, Child Welfare, Jurisdiction, Contact Arrangements
Family Law International Child Abduction Hague Convention Care Orders Child Welfare Jurisdiction Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

AH

Applicant

CD

1st Respondent

London Borough of Haringey

2nd Respondent

B (Through his Guardian, Mr William Walker)

3rd Respondent

W (Through the Official Solicitor)

4th Respondent

Procedural Posture

Child Abduction and Care Proceedings / Final Judgment

Legal Issues

  1. 1 Should B be returned to Spain under the Hague Convention?
  2. 2 Should care orders for B and W be discharged?
  3. 3 What contact arrangements should be made for B with his mother and W?

Ratio Decidendi

The overwhelming evidence demonstrates B's welfare is best promoted by returning to live with his father in Spain, with protective and contact arrangements in place; the mother poses ongoing risk and lacks insight, and the care order should be discharged and replaced by accommodation under section 5 Child Abduction and Custody Act 1985 pending return.

Court Disposition

B to be returned to Spain to live with his father; care order discharged; B to be accommodated by local authority under section 5 Child Abduction and Custody Act 1985 pending return; protective and contact orders made.

Orders

  • Order for B's return to Spain to live with father.
  • Care order for B discharged as of 20 July.