SJ & Anor v JJ & Anor

SJ & Anor v JJ & Anor

The English court retains jurisdiction because it was seised prior to the Polish non-return order and no final judgment on custody has been made. The child's welfare is paramount; a summary return would not be in the child's best interests given his settled status in Poland and the risk of adverse effects. Interim contact orders are appropriate to sustain the child's relationship with his father and paternal grandparents, with review after further contact.

Parties
Applicant: SJ; 1st Respondent: JJ; 2nd Respondent: AJ (A Minor) by his children's guardian, Robert McGavin
Jurisdiction
England and Wales
Judgment Date
16 September 2011
Procedural Posture
Family / Judgment
Outcome
Application for summary return refused; interim contact orders granted; no final order on residence; case retained for review.
Legal Topics
Jurisdiction Under Brussels II Revised, Parental Responsibility, Child Welfare, Summary Return, Contact Orders
Family Law International Child Abduction Jurisdiction Under Brussels II Revised Parental Responsibility Child Welfare Summary Return Contact Orders

Case Brief

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Parties

SJ

Applicant

JJ

1st Respondent

AJ (A Minor) by his children's guardian, Robert McGavin

2nd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Jurisdiction of English court under Brussels II Revised in child abduction cases
  2. 2 Whether to order summary return of child to England
  3. 3 Appropriate contact arrangements between child and father/paternal grandparents

Ratio Decidendi

The English court retains jurisdiction because it was seised prior to the Polish non-return order and no final judgment on custody has been made. The child's welfare is paramount; a summary return would not be in the child's best interests given his settled status in Poland and the risk of adverse effects. Interim contact orders are appropriate to sustain the child's relationship with his father and paternal grandparents, with review after further contact.

Court Disposition

Application for summary return refused; interim contact orders granted; no final order on residence; case retained for review.

Orders

  • Mother to make child available for visiting contact with paternal grandparents once a week, 10am-4pm, dates to be agreed.
  • From 1st November, mother to make child available for staying contact with paternal grandparents twice a month, dates to be agreed.