TJ v MS (Article 11(6-8) BIIA: Relocation: Art 24 EUCFR) [2017] EWHC 3802 (Fam) (15 November 2017)

TJ v MS (Article 11(6-8) BIIA: Relocation: Art 24 EUCFR) [2017] EWHC 3802 (Fam) (15 November 2017)

The welfare of H is paramount. The evidence establishes that a forced return to England would destabilise the mother, compromising her ability to care for H and thus harming H's welfare. H is settled in Poland with strong maternal family support. The father's relationship can be sustained through structured contact. The mother's proposal best promotes H's welfare, and jurisdiction will shift to Poland.

Citation
[2017] EWHC 3802 (Fam)
Parties
Applicant: TJ; Respondent: MS
Jurisdiction
England and Wales
Judgment Date
15 November 2017
Procedural Posture
Wardship and Custody Application Under Article 11(6 8) Brussels Iia / Final Judgment
Outcome
Mother's proposal preferred; H to remain in Poland with structured contact for father.
Legal Topics
Relocation, Custody, Habitual Residence, Parental Responsibility, Welfare of the Child, Article 11 Brussels Iia, Article 24 EU Charter, Children Act 1989
Family Law International Child Abduction EU Law Relocation Custody Habitual Residence Parental Responsibility Welfare of the Child +3 more

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Parties

TJ

Applicant

MS

Respondent

Procedural Posture

Wardship and Custody Application Under Article 11(6 8) Brussels Iia / Final Judgment

Legal Issues

  1. 1 Determination of child's country of residence and parental arrangements
  2. 2 Application of Article 11(6-8) Brussels IIa following non-return order under Hague Convention
  3. 3 Assessment of welfare and risk to child and mother

Ratio Decidendi

The welfare of H is paramount. The evidence establishes that a forced return to England would destabilise the mother, compromising her ability to care for H and thus harming H's welfare. H is settled in Poland with strong maternal family support. The father's relationship can be sustained through structured contact. The mother's proposal best promotes H's welfare, and jurisdiction will shift to Poland.

Court Disposition

Mother's proposal preferred; H to remain in Poland with structured contact for father.

Orders

  • Mother permitted to retain H in Poland
  • Contact order specifying arrangements for father's relationship with H