TJ v MS (Article 11(6-8) BIIA: Relocation: Art 24 EUCFR)

TJ v MS (Article 11(6-8) BIIA: Relocation: Art 24 EUCFR)

The court found that H's welfare would be best served by returning to England with her mother, as the risks to her relationship with her father if she remained in Poland were high and could not be adequately mitigated. The evidence did not support a high risk of the mother's psychological collapse upon return. The arrangements in England would allow H to have meaningful relationships with both parents, which outweighs the disruption of relocation. The Article 42 criteria for enforceability are met.

Parties
Applicant: TJ; Respondent: RD
Jurisdiction
England and Wales
Judgment Date
15 November 2017
Procedural Posture
Wardship and Custody (article 11(6 8) EC Regulation 2201/2003) / Final Judgment
Outcome
Application granted. Order for return of H to England with her mother.
Legal Topics
Wardship, Relocation of Child, Habitual Residence, Jurisdiction Under Brussels Iia, Article 13(b) Hague Convention, Article 11(6 8) Brussels Iia, Welfare Principle, Contact Arrangements
Family Law International Child Abduction Child Custody Wardship Relocation of Child Habitual Residence Jurisdiction Under Brussels Iia Article 13(b) Hague Convention +3 more

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Parties

TJ

Applicant

RD

Respondent

Procedural Posture

Wardship and Custody (article 11(6 8) EC Regulation 2201/2003) / Final Judgment

Legal Issues

  1. 1 Should the child H be returned to England or remain in Poland?
  2. 2 What arrangements best promote H's welfare?
  3. 3 Does the mother's mental health preclude a return?

Ratio Decidendi

The court found that H's welfare would be best served by returning to England with her mother, as the risks to her relationship with her father if she remained in Poland were high and could not be adequately mitigated. The evidence did not support a high risk of the mother's psychological collapse upon return. The arrangements in England would allow H to have meaningful relationships with both parents, which outweighs the disruption of relocation. The Article 42 criteria for enforceability are met.

Court Disposition

Application granted. Order for return of H to England with her mother.

Orders

  • H to return to England by January 2018 to live with her mother.
  • Contact regime for the father: weekly Saturday contact, progressing to weekday contact and overnights as set out in the judgment.