D v D

The court ordered D's return to Northern Cyprus, finding that it is in his best interests given his habitual residence, strong affinity, stated wishes, and the presence of protective measures and undertakings by both parents. The risk of harm to the mother and child can be sufficiently addressed by Northern Cyprus social services and the undertakings provided.

Parties: Applicant: D (Father); Respondent: D (Mother); Subject Child: D (Child); Guardian: Children's Guardian
Jurisdiction: England and Wales
Judgment Date: 15 December 2016
Procedural Posture: Application Under Inherent Jurisdiction for Summary Return of Child / Final Judgment
Outcome: Application granted; order for summary return of D to Northern Cyprus within fourteen days.
Legal Topics: Summary Return of Child, Welfare Principle, Jurisdictional Issues, Domestic Violence Allegations, Protective Measures

Family Law Child Abduction Summary Return of Child Welfare Principle Jurisdictional Issues Domestic Violence Allegations Protective Measures

Case Brief

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Parties

D (Father)

Applicant

D (Mother)

Respondent

D (Child)

Subject Child

Children's Guardian

Guardian

Procedural Posture

Application Under Inherent Jurisdiction for Summary Return of Child / Final Judgment

Legal Issues

1 Whether D should be summarily returned to Northern Cyprus under the inherent jurisdiction
2 Whether the welfare of the child is the paramount consideration
3 Whether protective measures are sufficient to mitigate risk to mother and child

Ratio Decidendi

Court Disposition

Application granted; order for summary return of D to Northern Cyprus within fourteen days.

Orders

D to be returned to Northern Cyprus by no later than 29th December 2016.
Both parents to comply with undertakings appended to the order.