B (A Child), Re

B (A Child), Re

Spanish custody orders are not enforceable in England due to violation of fundamental procedural principles—specifically, B was not given an opportunity to be heard, and the judgments were not urgent. B was habitually resident in Spain before abduction, but is now settled in his new environment. Summary return is not ordered; a full welfare enquiry is required before any decision on B's return. The English care orders were made under Article 20 Brussels IIa as urgent protective measures, not substantive jurisdiction. Discretion is exercised to delay any return until after welfare proceedings conclude.

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
15 June 2018
Procedural Posture
Child Abduction / Care Order / Enforcement / Final Judgment on Hague Convention and Enforcement Applications
Outcome
Spanish custody orders not enforced; summary return of B to Spain not ordered at this stage; full welfare enquiry to proceed before any final decision.
Legal Topics
Hague Convention 1980, Brussels Iia Regulation, Habitual Residence, Enforcement of Foreign Judgments, Care Orders, Jurisdiction, Child Settlement, Child's Objections, Discretion in Return Orders
Family Law International Child Abduction Child Welfare Hague Convention 1980 Brussels Iia Regulation Habitual Residence Enforcement of Foreign Judgments Care Orders +4 more

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 6 Authorities cited 15 Party arguments 2 Amounts and remedies 4
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 / Care Order / Enforcement / Final Judgment on Hague Convention and Enforcement Applications

Legal Issues

  1. 1 Whether Spanish custody orders should be enforced in England
  2. 2 Whether grounds for non-recognition under Article 23 Brussels IIa are established
  3. 3 Whether B was habitually resident in Spain before abduction

Ratio Decidendi

Spanish custody orders are not enforceable in England due to violation of fundamental procedural principles—specifically, B was not given an opportunity to be heard, and the judgments were not urgent. B was habitually resident in Spain before abduction, but is now settled in his new environment. Summary return is not ordered; a full welfare enquiry is required before any decision on B's return. The English care orders were made under Article 20 Brussels IIa as urgent protective measures, not substantive jurisdiction. Discretion is exercised to delay any return until after welfare proceedings conclude.

Court Disposition

Spanish custody orders not enforced; summary return of B to Spain not ordered at this stage; full welfare enquiry to proceed before any final decision.

Orders

  • Full welfare enquiry to be conducted regarding B and W before any return or discharge of care orders.
  • Any return of B to Spain delayed until after conclusion of current school term and welfare proceedings.