Cases Archive

Application for permission to remove a child to India temporarily for the purpose of a wedding

Application to transfer proceedings in relation to a child from the Hague to the High Court in London pursuant to Article 15(2)(c) Brussels II bis in light of ongoing matrimonial and financial remedy proceedings in the English courts. Application summarily dismissed.

Abduction – Rights of custody – Court granted parental responsibility before child left jurisdiction – Court orders not served until after child left jurisdiction – Whether valid.

Abduction – Brussels II Revised – Non-return order – Judgment requiring return of child – Whether available if non-return based on Art 3 – Court first seised of parental responsibility application.

Abduction – Welfare – Immigration status – Degree of settlement – Prospects of children remaining in jurisdiction – Interface between wardship and immigration authorities.

Abduction – Grave risk of harm – Disturbed child unable to cope with tension between parents – Whether exceptional – Whether consent vitiated by mother’s private decision not to allow contact – Children’s objections.

Adoption – Convention Adoption Order – Hague Inter Country Adoption Convention 1993 – Children’s habitual residence while in local authority care but living in Canada

Appeal against an order of Bennett J made in the Family Division on 26th April 2002 when, on their father’s application by way of originating summons issued on 5th October 2001, he ordered the return forthwith to India of two boys. Appeal dismissed.