B v A [2012] EWHC 3127 (Fam) (10 December 2012)

B v A [2012] EWHC 3127 (Fam) (10 December 2012)

The English court had no jurisdiction to order the return of the child under the Hague Convention or the 1985 Act because neither the child nor the respondent was present or habitually resident in England and Wales at the relevant times. The applicant and his solicitors failed to comply with the established...

Source-derived case information.

Citation
[2012] EWHC 3127 (Fam)
Parties
Applicant: B; Respondent: A
Jurisdiction
England and Wales
Judgment Date
10 December 2012
Procedural Posture
Family Law – Child Abduction (hague Convention) / Costs Determination Following Withdrawal of Hague Convention Application
Outcome
Application for costs and wasted costs dismissed; no order as to costs or wasted costs made against the applicant or his solicitors.
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Without Notice Applications, Location Orders, Jurisdiction, Costs Orders, Wasted Costs
Family Law International Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Without Notice Applications Location Orders Jurisdiction Costs Orders Wasted Costs

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Parties

B

Applicant

A

Respondent

Procedural Posture

Family Law – Child Abduction (hague Convention) / Costs Determination Following Withdrawal of Hague Convention Application

Legal Issues

  1. 1 Whether the English court had jurisdiction to order the return of a child to the United States under the Hague Convention when neither the child nor the respondent was present or habitually resident in England and Wales at the relevant times
  2. 2 Whether the procedures and principles for without notice applications, particularly for location orders, were properly followed
  3. 3 Whether costs or wasted costs orders should be made against the applicant or his solicitors

Ratio Decidendi

The English court had no jurisdiction to order the return of the child under the Hague Convention or the 1985 Act because neither the child nor the respondent was present or habitually resident in England and Wales at the relevant times. The applicant and his solicitors failed to comply with the established principles and procedures for without notice applications, particularly regarding full and frank disclosure and evidential requirements. However, given the endemic nature of such failures in the Family Division and the conduct of both parties' legal representatives, it would be harsh and inappropriate to single out the applicant or his solicitors for a costs or wasted costs order in...

Court Disposition

Application for costs and wasted costs dismissed; no order as to costs or wasted costs made against the applicant or his solicitors.