N (a child) [2020] EWFC 35 (01 May 2020)

N (a child) [2020] EWFC 35 (01 May 2020)

The court should defer a decision on a summary inward return order until the conclusion of Hague Convention proceedings in Greece, as there is no good reason to depart from the guidance in Re S; however, a declaration of habitual residence is appropriate and not opposed.

Citation
[2020] EWFC 35
Parties
Applicant: IN; Respondent: DK
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Children Act 1989 Section 8 Specific Issue Order (inward Return) / Interlocutory (directions Hearing)
Outcome
Declaration granted; all other applications adjourned.
Legal Topics
Inward Return Order, Habitual Residence, 1980 Hague Convention, Children Act 1989 Section 8, Procedural Fairness
Family Law International Child Abduction Inward Return Order Habitual Residence 1980 Hague Convention Children Act 1989 Section 8 Procedural Fairness

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Parties

IN

Applicant

DK

Respondent

Procedural Posture

Children Act 1989 Section 8 Specific Issue Order (inward Return) / Interlocutory (directions Hearing)

Legal Issues

  1. 1 Whether to grant a summary inward return order for the child to England before conclusion of Hague Convention proceedings in Greece
  2. 2 Whether to make a declaration of habitual residence of the child in England and Wales

Ratio Decidendi

The court should defer a decision on a summary inward return order until the conclusion of Hague Convention proceedings in Greece, as there is no good reason to depart from the guidance in Re S; however, a declaration of habitual residence is appropriate and not opposed.

Court Disposition

Declaration granted; all other applications adjourned.

Orders

  • Declaration that on 21 March 2020 the child N was habitually resident in England and Wales and has remained so since.
  • Father's application for substantive orders (return, child arrangements, prohibited steps) adjourned until conclusion of Hague Convention proceedings in Greece.