A (child), Re

A (child), Re

The summary procedure adopted by Mostyn J in making a return order under Article 20 of Brussels IIa was procedurally unfair and inappropriate, as it circumvented the Hague Convention process and denied the father a proper opportunity to present his case. The making of the without notice collection order by MacDonald J was justified on the evidence due to the extreme flight risk and the need to protect the child from further abduction.

Parties
Subject: A (child); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
23 June 2016
Procedural Posture
Appeal (family Law Child Abduction) / Appeal From High Court to Court of Appeal
Outcome
Appeal against Mostyn J's return order allowed; appeal against MacDonald J's collection order dismissed.
Legal Topics
Hague Convention 1980, Brussels Iia Regulation, Without Notice Orders, Collection Orders, Habitual Residence, Procedural Fairness
Family Law International Child Abduction Hague Convention 1980 Brussels Iia Regulation Without Notice Orders Collection Orders Habitual Residence Procedural Fairness

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Parties

A (child)

Subject

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal (family Law Child Abduction) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the summary procedure adopted by Mostyn J in ordering the return of the child to Sweden was procedurally fair and legally correct
  2. 2 Whether the making of a without notice collection order by MacDonald J was justified on the evidence

Ratio Decidendi

The summary procedure adopted by Mostyn J in making a return order under Article 20 of Brussels IIa was procedurally unfair and inappropriate, as it circumvented the Hague Convention process and denied the father a proper opportunity to present his case. The making of the without notice collection order by MacDonald J was justified on the evidence due to the extreme flight risk and the need to protect the child from further abduction.

Court Disposition

Appeal against Mostyn J's return order allowed; appeal against MacDonald J's collection order dismissed.

Orders

  • Return order under Article 20 of Brussels IIa set aside; matter to proceed under Hague Convention procedure.
  • Collection order by MacDonald J upheld.