T v H

T v H

The English court retains welfare jurisdiction because the request for return is still pending under Article 7(1)(b) of the 1996 Hague Convention, as the Polish return order has not been enforced and active enforcement efforts continue. The mother has not satisfied all four criteria required for jurisdiction to transfer to Poland.

Parties
Applicant: T; Respondent: H
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Family / Jurisdictional Determination
Outcome
Jurisdiction retained by the English court
Legal Topics
Child Abduction, Jurisdiction, Habitual Residence, Settlement, Enforcement of Foreign Orders
Family Law Private International Law Child Abduction Jurisdiction Habitual Residence Settlement Enforcement of Foreign Orders

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Parties

T

Applicant

H

Respondent

Procedural Posture

Family / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court retains jurisdiction over the welfare of the children under Article 7 of the 1996 Hague Convention
  2. 2 Whether the request for return is 'still pending' under Article 7(1)(b)
  3. 3 Whether the children are settled in Poland

Ratio Decidendi

The English court retains welfare jurisdiction because the request for return is still pending under Article 7(1)(b) of the 1996 Hague Convention, as the Polish return order has not been enforced and active enforcement efforts continue. The mother has not satisfied all four criteria required for jurisdiction to transfer to Poland.

Court Disposition

Jurisdiction retained by the English court

Orders

  • English court retains welfare jurisdiction over the children
  • Case management directions already given to counsel