S v S

It is in L's best interests to return with his mother to Bermuda so welfare issues can be determined there. The adverse impact on L's relationship with his father if he remains in England, the ability for the mother to access support in Bermuda, and L's connection to Bermuda outweigh the mother's current psychological and financial difficulties.

Parties: Applicant: S; Respondent: S
Jurisdiction: England and Wales
Judgment Date: 26 February 2014
Procedural Posture: Inherent Jurisdiction (family Division) / Judgment on Application for Summary Return of Child
Outcome: Application granted; order for summary return of L to Bermuda with mother.
Legal Topics: Summary Return of Child, Jurisdiction, Welfare Principle, Relocation, Parental Responsibility

Family Law Child Custody International Child Abduction Summary Return of Child Jurisdiction Welfare Principle Relocation Parental Responsibility

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Parties

Applicant

Respondent

Procedural Posture

Inherent Jurisdiction (family Division) / Judgment on Application for Summary Return of Child

Legal Issues

1 Whether the child L should be summarily returned to Bermuda under the inherent jurisdiction
2 Which jurisdiction should determine welfare issues
3 Impact of mother's psychological state and financial circumstances on L's welfare

Ratio Decidendi

Court Disposition

Application granted; order for summary return of L to Bermuda with mother.

Orders

Father to make immediate payment of $7,500 for accommodation and support.
Father to pay ongoing weekly sums for support until further arrangements or court order in Bermuda.