B, Re

B, Re

None of the Convention defences are established; B is not settled in England, does not object in Convention terms, protective measures mitigate any risk of harm, and return does not violate fundamental principles of human rights. An order for return to France must be made.

Parties
Applicant: J; First Respondent: C; Second Respondent: B
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Order for return of B to France granted.
Legal Topics
Hague Convention 1980, Council Regulation (ec) No 2201/2003 (biia), Child Settlement, Child Objections, Grave Risk of Harm, Human Rights (echr Article 8)
Family Law International Law Child Abduction Hague Convention 1980 Council Regulation (ec) No 2201/2003 (biia) Child Settlement Child Objections Grave Risk of Harm +1 more

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Parties

J

Applicant

C

First Respondent

B

Second Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the child B is settled in England for purposes of Article 12 of the Hague Convention
  2. 2 Whether B objects to return to France under Article 13
  3. 3 Whether return would expose B to grave risk of harm or intolerable situation under Article 13(b)

Ratio Decidendi

None of the Convention defences are established; B is not settled in England, does not object in Convention terms, protective measures mitigate any risk of harm, and return does not violate fundamental principles of human rights. An order for return to France must be made.

Court Disposition

Order for return of B to France granted.

Orders

  • B to be returned to France subject to undertakings by the father including payment of maintenance and transfer of proceedings to Paris.
  • Father to provide undertakings prohibiting assault or molestation of mother and supervision of contact pending French court determination.