H v D & Ors

H v D & Ors

The court exercised jurisdiction based on the children's physical presence in England and their clear need for protection following the father's attempted abduction. Orders were made to safeguard their welfare, including residence with the mother and prohibition of contact with the father.

Parties
Applicant: C L H; 1st Respondent: R M 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 / Judgment After Hearing; Orders Made
Outcome
Residence order in favour of the mother; children remain wards of court; father prohibited from contact and proximity; matter part-heard; costs reserved.
Legal Topics
Wardship, Residence Order, Contact, Jurisdiction, Hague Convention, Child Abduction
Family Law Child Protection International Jurisdiction Wardship Residence Order Contact Jurisdiction Hague Convention +1 more

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Parties

C L H

Applicant

R M D

1st Respondent

A J F D

2nd Respondent

A S E D

3rd Respondent

Procedural Posture

Family / Judgment After Hearing; Orders Made

Legal Issues

  1. 1 Whether the English court has jurisdiction over the children given concurrent proceedings in Venezuela
  2. 2 Whether a residence order and wardship should be granted to the mother
  3. 3 Whether contact with the father should be permitted after attempted abduction

Ratio Decidendi

The court exercised jurisdiction based on the children's physical presence in England and their clear need for protection following the father's attempted abduction. Orders were made to safeguard their welfare, including residence with the mother and prohibition of contact with the father.

Court Disposition

Residence order in favour of the mother; children remain wards of court; father prohibited from contact and proximity; matter part-heard; 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.