M v F & Ors

M v F & Ors

The children are not settled in England within the meaning of Article 12 due to ongoing concealment, lack of emotional stability, and influence from F; their objections are not sufficiently mature or independent to prevent return under Article 13; jurisdiction remains with the Polish courts as M did not have knowledge of the children's whereabouts for the requisite period.

Parties
Plaintiff: M; Defendant: F; Defendants: J and MJ (by their Guardian ad J S)
Jurisdiction
England and Wales
Judgment Date
20 August 2008
Procedural Posture
Hague Convention Child Abduction Application / Judgment on Second Hague Application
Outcome
Order for return of the children to Poland.
Legal Topics
Hague Convention, Child Custody, Jurisdiction, Settlement, Children's Objections
Family Law International Child Abduction Hague Convention Child Custody Jurisdiction Settlement Children's Objections

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Parties

M

Plaintiff

F

Defendant

J and MJ (by their Guardian ad J S)

Defendants

Procedural Posture

Hague Convention Child Abduction Application / Judgment on Second Hague Application

Legal Issues

  1. 1 Whether the children are settled in England within the meaning of Article 12 of the Hague Convention
  2. 2 Whether the children object to being returned to Poland and have attained sufficient maturity under Article 13
  3. 3 Jurisdiction under Article 10 of Brussels II Regulation

Ratio Decidendi

The children are not settled in England within the meaning of Article 12 due to ongoing concealment, lack of emotional stability, and influence from F; their objections are not sufficiently mature or independent to prevent return under Article 13; jurisdiction remains with the Polish courts as M did not have knowledge of the children's whereabouts for the requisite period.

Court Disposition

Order for return of the children to Poland.

Orders

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