S (Abduction: Hague Convention Or BIIa)

S (Abduction: Hague Convention Or BIIa)

The English court has jurisdiction under BIIa to make a summary return order when it has substantive jurisdiction, as such orders fall within the scope of parental responsibility. However, absent good reason, the better course is to defer making a return order until an application under the 1980 Convention has been determined in the other Member State, as this is the expected and more effective route for dealing with cross-border child abduction within the EU.

Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Family Law Child Abduction / Appeal From Summary Return Order
Outcome
Appeal resolved by consent; summary return order discharged by agreement.
Legal Topics
Child Abduction, Hague Convention, Brussels Iia Regulation, Jurisdiction, Parental Responsibility
Family Law International Law Child Abduction Hague Convention Brussels Iia Regulation Jurisdiction Parental Responsibility

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Family Law Child Abduction / Appeal From Summary Return Order

Legal Issues

  1. 1 Whether the English court has jurisdiction to make a summary return order for a child wrongfully retained in another EU Member State under BIIa.
  2. 2 Whether the court should exercise its jurisdiction to make a summary return order or defer to proceedings under the 1980 Hague Convention.

Ratio Decidendi

The English court has jurisdiction under BIIa to make a summary return order when it has substantive jurisdiction, as such orders fall within the scope of parental responsibility. However, absent good reason, the better course is to defer making a return order until an application under the 1980 Convention has been determined in the other Member State, as this is the expected and more effective route for dealing with cross-border child abduction within the EU.

Court Disposition

Appeal resolved by consent; summary return order discharged by agreement.

Orders

  • Summary return order made on 13 October 2017 discharged by consent.
  • Mother to pursue return of child through 1980 Hague Convention proceedings in the Netherlands.