D v E (Family) 22-Jan-2021 [2021] JRC 014 (22 January 2021)

D v E (Family) 22-Jan-2021 [2021] JRC 014 (22 January 2021)

The Defendant's retention of the child in Madeira beyond one month without the Plaintiff's written consent or leave of the court breached the Plaintiff's rights of custody under Jersey law, which were being exercised, making the retention wrongful under Article 3 of the Hague Convention.

Citation
[2021] JRC 014
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
22 January 2021
Procedural Posture
Application for Declaration Under Hague Convention (international Child Abduction) / Judgment on Application for Declaration and Related Injunctions
Outcome
Declaration granted; injunction partially granted; no order as to costs.
Legal Topics
International Child Abduction, Hague Convention, Child Custody, Parental Responsibility, Jurisdiction
Family Law International Law International Child Abduction Hague Convention Child Custody Parental Responsibility Jurisdiction

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Declaration Under Hague Convention (international Child Abduction) / Judgment on Application for Declaration and Related Injunctions

Legal Issues

  1. 1 Whether the retention of the child in Madeira by the Defendant is wrongful within the meaning of Article 3 of the Hague Convention
  2. 2 Whether the Plaintiff's rights of custody were breached
  3. 3 Whether an injunction should be granted for the return of the child

Ratio Decidendi

The Defendant's retention of the child in Madeira beyond one month without the Plaintiff's written consent or leave of the court breached the Plaintiff's rights of custody under Jersey law, which were being exercised, making the retention wrongful under Article 3 of the Hague Convention.

Court Disposition

Declaration granted; injunction partially granted; no order as to costs.

Orders

  • Declaration that the retention by the Defendant of the child in Madeira is wrongful within the meaning of Article 3 of the Hague Convention.
  • Order that upon the child's return to Jersey, the Defendant will not remove the child from Jersey pending a final decision on applications for removal to the United Kingdom or Madeira.