H (A Child), Re

H (A Child), Re

The court retains jurisdiction under Brussels II Revised to make welfare orders regarding the child, as jurisdiction has not passed to Spain. Given the absence of adverse information about the father and the mother's refusal to engage, the court is likely to order direct contact unless the mother provides welfare information. Proceedings are adjourned to allow the mother to engage; if she does not, orders may be made in her absence.

Parties
Applicant: H; Respondent: M; Respondent: H (a child)
Jurisdiction
England and Wales
Judgment Date
11 September 2009
Procedural Posture
Family / Final Hearing Under Brussels II Revised, Adjourned for Further Engagement by Respondent
Outcome
Adjourned for final hearing; court intends to order direct contact unless respondent engages and provides welfare information.
Legal Topics
Brussels II Revised, Hague Convention 1980, Parental Responsibility, Child Custody, Contact Orders
Family Law International Child Abduction Brussels II Revised Hague Convention 1980 Parental Responsibility Child Custody Contact Orders

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Parties

H

Applicant

M

Respondent

H (a child)

Respondent

Procedural Posture

Family / Final Hearing Under Brussels II Revised, Adjourned for Further Engagement by Respondent

Legal Issues

  1. 1 Jurisdiction under Brussels II Revised for child custody after wrongful retention
  2. 2 Whether direct contact between father and child should be ordered
  3. 3 Effect of delay and respondent's non-engagement on welfare determination

Ratio Decidendi

The court retains jurisdiction under Brussels II Revised to make welfare orders regarding the child, as jurisdiction has not passed to Spain. Given the absence of adverse information about the father and the mother's refusal to engage, the court is likely to order direct contact unless the mother provides welfare information. Proceedings are adjourned to allow the mother to engage; if she does not, orders may be made in her absence.

Court Disposition

Adjourned for final hearing; court intends to order direct contact unless respondent engages and provides welfare information.

Orders

  • Proceedings adjourned strictly reserved to the judge to enable respondent to engage and provide welfare information.
  • Request to International Liaison judges and Central Authorities to assist in effecting service and facilitating effective hearing.