F v M & Anor

F v M & Anor

F did not acquiesce in N's removal or retention in England within the meaning of Article 13(a) of the Hague Convention. N is now settled in her new environment in England for the purposes of Article 12. The court exercises its discretion not to order N's immediate return to Poland except to the extent necessary to enable the Polish court to determine her future, suspending the return order to allow M to pursue variation of the interim custody order in Poland.

Parties
Plaintiff: F; 1st Defendant: M; 2nd Defendant: N (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
02 July 2008
Procedural Posture
Hague Convention Child Abduction Application and Inherent Jurisdiction Application / Judgment After Contested Hearing
Outcome
Order for return to Poland made but suspended to allow M to pursue variation of interim custody order and for Polish court to determine N's future.
Legal Topics
Child Abduction, Hague Convention, Custody, Settlement, Acquiescence
Family Law International Law Child Abduction Hague Convention Custody Settlement Acquiescence

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Parties

F

Plaintiff

M

1st Defendant

N (by her Children’s Guardian)

2nd Defendant

Procedural Posture

Hague Convention Child Abduction Application and Inherent Jurisdiction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father acquiesced in the wrongful removal of the child under Article 13(a) of the Hague Convention
  2. 2 Whether the child is now settled in her new environment under Article 12 of the Hague Convention
  3. 3 Whether the court should exercise its discretion to order the return of the child to Poland

Ratio Decidendi

F did not acquiesce in N's removal or retention in England within the meaning of Article 13(a) of the Hague Convention. N is now settled in her new environment in England for the purposes of Article 12. The court exercises its discretion not to order N's immediate return to Poland except to the extent necessary to enable the Polish court to determine her future, suspending the return order to allow M to pursue variation of the interim custody order in Poland.

Court Disposition

Order for return to Poland made but suspended to allow M to pursue variation of interim custody order and for Polish court to determine N's future.

Orders

  • N to return to Poland to the extent necessary for the Polish court to determine her future.
  • Operation of the return order suspended to allow M to pursue variation of the interim custody order and for further Polish proceedings.