Jones (No 2), Re

Jones (No 2), Re

The likelihood of futility is not so high as to justify declining to make the order; the court must uphold its international obligations and enforce the Hague Convention order unless it is satisfied that compliance is impossible. The mother is ordered to return the children to Spain, with injunctive provisions to prevent further evasion.

Parties
Applicant: Father; 1st Respondent: Mother; Guardian: Guardian (Cafcass)
Jurisdiction
England and Wales
Judgment Date
21 August 2013
Procedural Posture
Family / Judgment on Application for Order to Return Children to Spain
Outcome
Order granted
Legal Topics
Hague Convention, Child Return Orders, Enforcement of Foreign Orders, Parental Responsibility, Contempt of Court
Family Law International Child Abduction Hague Convention Child Return Orders Enforcement of Foreign Orders Parental Responsibility Contempt of Court

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Parties

Father

Applicant

Mother

1st Respondent

Guardian (Cafcass)

Guardian

Procedural Posture

Family / Judgment on Application for Order to Return Children to Spain

Legal Issues

  1. 1 Whether to order the mother to return the children to Spain under the Hague Convention despite previous non-compliance and the children's objections
  2. 2 Whether making such an order would be futile given the children's likely refusal to comply

Ratio Decidendi

The likelihood of futility is not so high as to justify declining to make the order; the court must uphold its international obligations and enforce the Hague Convention order unless it is satisfied that compliance is impossible. The mother is ordered to return the children to Spain, with injunctive provisions to prevent further evasion.

Court Disposition

Order granted

Orders

  • Mother to return or cause to be returned the two children, Jessica and Tomas, to Spain by a date to be specified (anticipated between 7 and 14 days from judgment)
  • Injunctive order that the mother is not to remove the children from their current residence in Wales pending return to Spain