R v D

R v D

The risk of psychological harm identified by the Polish court is no longer present as the mother will return with C; balancing disruption, settlement, and welfare factors, the child's welfare requires his return to England pending final determination.

Parties
Applicant: R; Respondent: D
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Child Abduction and Custody / Interim Judgment on Application for Summary Return Under Brussels Iia Article 11(7) and (8)
Outcome
Interim order for summary return of the child to England pending final hearing.
Legal Topics
Child Abduction, Custody, Jurisdiction, Summary Return, Welfare of the Child
Family Law International Law Child Abduction Custody Jurisdiction Summary Return Welfare of the Child

Case Brief

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Parties

R

Applicant

D

Respondent

Procedural Posture

Child Abduction and Custody / Interim Judgment on Application for Summary Return Under Brussels Iia Article 11(7) and (8)

Legal Issues

  1. 1 Whether the child C should be summarily returned to England under Brussels IIa Article 11(7) and (8)
  2. 2 Whether the welfare of the child requires return to England pending final hearing

Ratio Decidendi

The risk of psychological harm identified by the Polish court is no longer present as the mother will return with C; balancing disruption, settlement, and welfare factors, the child's welfare requires his return to England pending final determination.

Court Disposition

Interim order for summary return of the child to England pending final hearing.

Orders

  • C to be returned to England by 4 p.m. on 16th May 2016.
  • Mother permitted two weeks to arrange affairs before return.