H v D & Ors [2007] EWHC 802 (Fam) (04 April 2007)

H v D & Ors [2007] EWHC 802 (Fam) (04 April 2007)

Given the children's physical presence in England, the attempted abduction by the father, and the ongoing risk to their welfare, the English court has jurisdiction and must exercise its protective powers to ensure their safety, irrespective of concurrent Venezuelan proceedings.

Citation
[2007] EWHC 802 (Fam)
Parties
Applicant: C H; 1st Respondent: R D; 2nd Respondent: A J F D; 3rd Respondent: A S E D
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Family Law (wardship, Residence, Contact) / Post Hearing Judgment Following Withdrawal of Contact Application by Father
Outcome
Residence order in favour of the mother; children remain wards of court; father prohibited from contact and proximity; application for disclosure of papers adjourned; costs reserved.
Legal Topics
Wardship, Jurisdiction, Residence Order, Contact Order, Hague Convention, Child Protection
Family Law International Child Abduction Wardship Jurisdiction Residence Order Contact Order Hague Convention Child Protection

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Parties

C H

Applicant

R D

1st Respondent

A J F D

2nd Respondent

A S E D

3rd Respondent

Procedural Posture

Family Law (wardship, Residence, Contact) / Post Hearing Judgment Following Withdrawal of Contact Application by Father

Legal Issues

  1. 1 Whether the English court has jurisdiction to make orders regarding the children given ongoing Venezuelan proceedings and prior orders
  2. 2 Whether a residence order and contact restrictions are justified in light of recent events, including attempted abduction

Ratio Decidendi

Given the children's physical presence in England, the attempted abduction by the father, and the ongoing risk to their welfare, the English court has jurisdiction and must exercise its protective powers to ensure their safety, irrespective of concurrent Venezuelan proceedings.

Court Disposition

Residence order in favour of the mother; children remain wards of court; father prohibited from contact and proximity; application for disclosure of papers adjourned; costs reserved.

Orders

  • Children remain wards of court and in the care of the mother.
  • No one is to remove the children from the mother.