D (A Child), Re [2011] EWHC 471 (Fam) (08 March 2011)

D (A Child), Re [2011] EWHC 471 (Fam) (08 March 2011)

The English court, having jurisdiction under Article 8 BIIR, must determine the child's welfare as paramount. The evidence does not support the Polish court's refusal to return under Article 13b Hague Convention. Protective measures and undertakings are available in England. The child's welfare is best served by her return to England for a full welfare enquiry, and the requirements for certification under Article 42(2) BIIR are met.

Citation
[2011] EWHC 471 (Fam)
Parties
Applicant: D; First Defendant: N; Second Defendant: D (by her Guardian ad Litem)
Jurisdiction
England and Wales
Judgment Date
08 March 2011
Procedural Posture
Child Abduction / Parental Responsibility (return Order) / Judgment on Application for Summary Return Under Article 11(8) BIIR
Outcome
Order for summary return of the child to England under Article 11(8) BIIR; certificate to be issued under Article 42(2) BIIR.
Legal Topics
Brussels II Revised (biir), Hague Convention 1980, Parental Responsibility, Jurisdiction, Summary Return, Welfare of the Child
Family Law International Child Abduction Brussels II Revised (biir) Hague Convention 1980 Parental Responsibility Jurisdiction Summary Return Welfare of the Child

Case Brief

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Parties

D

Applicant

N

First Defendant

D (by her Guardian ad Litem)

Second Defendant

Procedural Posture

Child Abduction / Parental Responsibility (return Order) / Judgment on Application for Summary Return Under Article 11(8) BIIR

Legal Issues

  1. 1 Whether the English court should order the summary return of the child to England under Article 11(8) BIIR after a Polish court refused return under Article 13b Hague Convention
  2. 2 Whether the requirements for issuing a certificate under Article 42(2) BIIR are met
  3. 3 Whether the child's welfare is best served by return to England

Ratio Decidendi

The English court, having jurisdiction under Article 8 BIIR, must determine the child's welfare as paramount. The evidence does not support the Polish court's refusal to return under Article 13b Hague Convention. Protective measures and undertakings are available in England. The child's welfare is best served by her return to England for a full welfare enquiry, and the requirements for certification under Article 42(2) BIIR are met.

Court Disposition

Order for summary return of the child to England under Article 11(8) BIIR; certificate to be issued under Article 42(2) BIIR.

Orders

  • The child is to return to England by 30 March 2011.
  • Guardian to visit Poland before return.