MA v RA

MA v RA

The court cannot resolve the matter today; progress has been made toward agreement on protective measures, but final resolution is contingent on enforceable undertakings in America and further negotiation. The case is adjourned for a further hearing.

Parties
Applicant: MA; Respondent: RA
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Hague Convention Child Abduction / Interlocutory; Adjourned for Further Hearing
Outcome
Case adjourned for further hearing; no final determination.
Legal Topics
Hague Convention, Article 13(b) Defence, Protective Measures, Jurisdiction
Family Law International Child Abduction Hague Convention Article 13(b) Defence Protective Measures Jurisdiction

Case Brief

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Parties

MA

Applicant

RA

Respondent

Procedural Posture

Hague Convention Child Abduction / Interlocutory; Adjourned for Further Hearing

Legal Issues

  1. 1 Whether the removal or retention of the child was wrongful under the Hague Convention
  2. 2 Whether Article 13(b) defence applies due to grave risk of harm
  3. 3 Appropriate protective measures for return

Ratio Decidendi

The court cannot resolve the matter today; progress has been made toward agreement on protective measures, but final resolution is contingent on enforceable undertakings in America and further negotiation. The case is adjourned for a further hearing.

Court Disposition

Case adjourned for further hearing; no final determination.

Orders

  • Case adjourned to 23rd November 2017 for further hearing before another judge.
  • Mother to serve draft order specifying terms for return and protective measures.