RB v DB

RB v DB

Given both Austria and the UK are EU members and 1996 Hague Convention subscribers, and the court is satisfied it can make adequate protective measures under Article 11 of the 1996 Convention, no Article 13 defence is available. The children must be returned to Austria by 25 June 2015, subject to protective measures.

Parties
Applicant: RB; Respondent: DB
Jurisdiction
England and Wales
Judgment Date
04 June 2015
Procedural Posture
Family Law Child Abduction / Judgment on Application for Summary Return Under the 1980 Hague Convention
Outcome
Application granted. Order for summary return of children to Austria with protective measures.
Legal Topics
International Child Abduction, Hague Convention 1980, Protective Measures Under 1996 Hague Convention, Brussels II Revised, Child Objections, Protective Orders
Family Law International Law International Child Abduction Hague Convention 1980 Protective Measures Under 1996 Hague Convention Brussels II Revised Child Objections Protective Orders

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Parties

RB

Applicant

DB

Respondent

Procedural Posture

Family Law Child Abduction / Judgment on Application for Summary Return Under the 1980 Hague Convention

Legal Issues

  1. 1 Whether the children should be summarily returned to Austria under the 1980 Hague Convention
  2. 2 Whether defences under Article 13(b) and child objections are available given the legal framework
  3. 3 Whether adequate protective measures can be made under Article 11 of the 1996 Hague Convention

Ratio Decidendi

Given both Austria and the UK are EU members and 1996 Hague Convention subscribers, and the court is satisfied it can make adequate protective measures under Article 11 of the 1996 Convention, no Article 13 defence is available. The children must be returned to Austria by 25 June 2015, subject to protective measures.

Court Disposition

Application granted. Order for summary return of children to Austria with protective measures.

Orders

  • Children to be returned to Austria by midnight 25 June 2015; father to renew children's passports.
  • Mother to reimburse father up to €1,000 for travel costs.