JB v D

JB v D

The court has jurisdiction to order the return of SJ to Poland under its inherent and parens patriae powers, as SJ is a British citizen and the father is habitually resident in the UK. The father's breach of previous orders and the need to protect SJ's welfare justify the exercise of jurisdiction and enforcement measures.

Parties
Applicant: JB; Respondent: D
Jurisdiction
England and Wales
Judgment Date
28 June 2016
Procedural Posture
Family / Judgment
Outcome
Order for return of SJ to Poland granted; injunctive provisions continued.
Legal Topics
Hague Convention, Habitual Residence, Parens Patriae, Inherent Jurisdiction, Child Welfare, Enforcement of Foreign Orders
Family Law International Child Abduction Hague Convention Habitual Residence Parens Patriae Inherent Jurisdiction Child Welfare Enforcement of Foreign Orders

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Parties

JB

Applicant

D

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Status of Hague Convention proceedings issued by the mother
  2. 2 Jurisdiction of the court to make further orders relevant to SJ under inherent or parens patriae jurisdiction
  3. 3 Whether the court should order the return of SJ to Poland

Ratio Decidendi

The court has jurisdiction to order the return of SJ to Poland under its inherent and parens patriae powers, as SJ is a British citizen and the father is habitually resident in the UK. The father's breach of previous orders and the need to protect SJ's welfare justify the exercise of jurisdiction and enforcement measures.

Court Disposition

Order for return of SJ to Poland granted; injunctive provisions continued.

Orders

  • SJ to be returned to Poland.
  • Father's passport to remain with the Tipstaff until SJ's return.