E (A Child), Re

E (A Child), Re

The mother conceded wrongful removal and failed to meet the high threshold for the Article 13(b) defence. The undertakings provided were sufficient to address short-term concerns, and the judge below correctly applied the law. Permission to appeal was refused as the application was hopeless.

Parties
Subject: E (A Child); Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Family Law Child Abduction / Application for Permission to Appeal From Family Division Order
Outcome
Permission to appeal refused
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Defence

Case Brief

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Parties

E (A Child)

Subject

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Child Abduction / Application for Permission to Appeal From Family Division Order

Legal Issues

  1. 1 Whether the Article 13(b) defence of intolerability was made out to prevent return of the child under the Hague Convention
  2. 2 Whether the judge below erred in ordering the return of the child to Spain

Ratio Decidendi

The mother conceded wrongful removal and failed to meet the high threshold for the Article 13(b) defence. The undertakings provided were sufficient to address short-term concerns, and the judge below correctly applied the law. Permission to appeal was refused as the application was hopeless.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Order for return of the child to Spain stands