AT v SS (No 2)

The mother failed to provide cogent medical evidence justifying a further two month delay; all practical arrangements for S's return have been met; the imperative for expedition under the Hague Convention requires S's return forthwith, and only a short extension to 17 November is warranted.

Parties: Applicant: AT; Respondent: SS
Jurisdiction: England and Wales
Judgment Date: 18 November 2015
Procedural Posture: Family / Post Return Order, Application to Vary Order
Outcome: Mother's application to vary the return order for a further two month delay dismissed; return order varied only to extend return date to 17 November 2015.
Legal Topics: Hague Convention, Return Order, Variation of Order, Child Welfare

Family Law International Child Abduction Hague Convention Return Order Variation of Order Child Welfare

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2

Parties

Applicant

Respondent

Procedural Posture

Family / Post Return Order, Application to Vary Order

Legal Issues

1 Whether to vary the return order to allow a further two month delay for the mother to accompany the child to Holland
2 Whether sufficient medical evidence exists to justify delay
3 Whether practical arrangements for the child's return have been met

Ratio Decidendi

Court Disposition

Mother's application to vary the return order for a further two month delay dismissed; return order varied only to extend return date to 17 November 2015.

Orders

S shall be returned to the jurisdiction of Holland by 11.59pm on 17 November 2015.