LS (A Child), Re

LS (A Child), Re

Where no defence is advanced or succeeds, the court is obliged to order the summary return of the child for policy reasons underpinning the Hague Convention and Brussels II Revised; delay beyond what is necessary for orderly implementation is not permissible.

Parties
Applicant: VS; Respondent: MJ
Jurisdiction
England and Wales
Judgment Date
08 June 2015
Procedural Posture
Child Abduction Summary Return Application / Final Judgment
Outcome
Order for summary return of L to Lithuania within nine days
Legal Topics
Hague Convention, Brussels II Revised, Summary Return, Child Custody
Family Law International Child Abduction Hague Convention Brussels II Revised Summary Return Child Custody

Case Brief

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Parties

VS

Applicant

MJ

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 Whether L should be summarily returned to Lithuania under the Hague Convention and Brussels II Revised
  2. 2 Whether delay in return is permissible for orderly implementation

Ratio Decidendi

Where no defence is advanced or succeeds, the court is obliged to order the summary return of the child for policy reasons underpinning the Hague Convention and Brussels II Revised; delay beyond what is necessary for orderly implementation is not permissible.

Court Disposition

Order for summary return of L to Lithuania within nine days

Orders

  • L to be returned to Lithuania no later than midnight on 17th June 2015
  • In absence of agreement, L shall be returned by means of his father coming to this country and collecting him