M v F & Ors [2008] EWHC 2049 (Fam) (20 August 2008)

M v F & Ors [2008] EWHC 2049 (Fam) (20 August 2008)

The children are not settled in England within the meaning of Article 12 due to ongoing concealment, lack of emotional security, and the influence of the father. Their objections to return are not independently formed or sufficiently mature to be determinative under Article 13. Jurisdiction remains with the Polish courts as the mother did not have knowledge of the children's whereabouts for the requisite period. Therefore, the children must be returned to Poland.

Citation
[2008] EWHC 2049 (Fam)
Parties
Plaintiff: M; 1st Defendant: F; 2nd Defendants: J and MJ (by their Guardian ad JS)
Jurisdiction
England and Wales
Judgment Date
20 August 2008
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment After Full Hearing
Outcome
Order for return of the children to Poland granted.
Legal Topics
Child Abduction, Hague Convention, Jurisdiction, Children's Objections, Settlement, Return Orders
Family Law International Law Child Abduction Hague Convention Jurisdiction Children's Objections Settlement Return Orders

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Parties

M

Plaintiff

F

1st Defendant

J and MJ (by their Guardian ad JS)

2nd Defendants

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the children are settled in their new environment under Article 12 of the Hague Convention
  2. 2 Whether the children object to being returned to Poland and have sufficient maturity under Article 13
  3. 3 Whether jurisdiction remains with the Polish courts under Article 10 of Brussels II Revised

Ratio Decidendi

The children are not settled in England within the meaning of Article 12 due to ongoing concealment, lack of emotional security, and the influence of the father. Their objections to return are not independently formed or sufficiently mature to be determinative under Article 13. Jurisdiction remains with the Polish courts as the mother did not have knowledge of the children's whereabouts for the requisite period. Therefore, the children must be returned to Poland.

Court Disposition

Order for return of the children to Poland granted.

Orders

  • The children are to be returned to Poland.
  • Jurisdiction remains with the Polish courts.