D (A Child), Re

D (A Child), Re

The English court has exclusive jurisdiction under Article 8 BIIR as the child was habitually resident in England at the time of proceedings. The child's welfare is best served by her return to England to facilitate a proper welfare enquiry, regular contact with the father, and assessment by the Guardian. Protective measures and undertakings mitigate risks raised by the mother. The requirements of Article 42(2) BIIR are satisfied for issuing a certificate.

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 / Judgment on Application for Summary Return Under Article 11(8) BIIR
Outcome
Order for summary return of the child to England by 30th March 2011; certificate issued under Article 42(2) BIIR.
Legal Topics
Jurisdiction Under Brussels II Revised (biir), Summary Return of Child, Welfare Principle, Recognition and Enforcement of Judgments, Article 13b Hague Convention, Article 11(8) BIIR
Family Law International Child Abduction Jurisdiction Under Brussels II Revised (biir) Summary Return of Child Welfare Principle Recognition and Enforcement of Judgments Article 13b Hague Convention Article 11(8) BIIR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

D

Applicant

N

First Defendant

D (By her Guardian ad Litem)

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the English court has jurisdiction to order the return of the child under Article 11(8) BIIR
  2. 2 Whether a summary return order is in the child's best interests
  3. 3 Whether the requirements for issuing a certificate under Article 42(2) BIIR are met

Ratio Decidendi

The English court has exclusive jurisdiction under Article 8 BIIR as the child was habitually resident in England at the time of proceedings. The child's welfare is best served by her return to England to facilitate a proper welfare enquiry, regular contact with the father, and assessment by the Guardian. Protective measures and undertakings mitigate risks raised by the mother. The requirements of Article 42(2) BIIR are satisfied for issuing a certificate.

Court Disposition

Order for summary return of the child to England by 30th March 2011; certificate issued under Article 42(2) BIIR.

Orders

  • The child D is to return to England by 30th March 2011.
  • The Guardian to visit Poland prior to the child's return.