VB v TR

VB v TR

The court found that the mother removed RR from Bermuda without the father's consent, in breach of Bermuda court orders, and that her medical arguments were unsupported by sufficient evidence. The welfare analysis under the Children Act 1989 strongly favoured RR's return to Bermuda to restore his relationship with his father and reverse the effects of self-help. The court ordered RR's return, subject to the mother being able to apply to the Bermuda court for permission to remain in the UK.

Parties
Applicant: VB; Respondent: TR
Jurisdiction
England and Wales
Judgment Date
07 April 2020
Procedural Posture
Child Abduction / Summary Return (inherent Jurisdiction) / Judgment After Remote Hearing
Outcome
Application granted; order for summary return of child to Bermuda.
Legal Topics
Child Abduction, Summary Return of Child, Inherent Jurisdiction, Recognition of Foreign Orders, Welfare of the Child, Self Help in Child Relocation
Family Law Private International Law Child Abduction Summary Return of Child Inherent Jurisdiction Recognition of Foreign Orders Welfare of the Child Self Help in Child Relocation

Case Brief

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Parties

VB

Applicant

TR

Respondent

Procedural Posture

Child Abduction / Summary Return (inherent Jurisdiction) / Judgment After Remote Hearing

Legal Issues

  1. 1 Whether the child RR should be summarily returned to Bermuda under the court's inherent jurisdiction
  2. 2 Whether the mother's removal of RR from Bermuda was with the father's consent or acquiescence
  3. 3 Whether the welfare of the child requires a return to Bermuda given the mother's medical condition

Ratio Decidendi

The court found that the mother removed RR from Bermuda without the father's consent, in breach of Bermuda court orders, and that her medical arguments were unsupported by sufficient evidence. The welfare analysis under the Children Act 1989 strongly favoured RR's return to Bermuda to restore his relationship with his father and reverse the effects of self-help. The court ordered RR's return, subject to the mother being able to apply to the Bermuda court for permission to remain in the UK.

Court Disposition

Application granted; order for summary return of child to Bermuda.

Orders

  • RR to be returned to Bermuda as soon as reasonably practicable, subject to further submissions regarding timing due to the coronavirus emergency.
  • Father to purchase flight tickets for mother and child for return to Bermuda.