Child abduction proceedings had been issued after the father had applied for residence here. The mother now appealed against the temporary lifting of the stay on the father’s proceedings which followed her application. The judge ordered for the child’s return, as he was required to do, but also allowed the possibility of the father’s application proceeding if the court in Budapest had declined jurisdiction.
Held: This was a misuse of the judge’s powers. The father had not mitigated his wrong by issuing proceedings here, but rather increased the mother’s fears. The English court should not make orders which could be read to imply criticism of a foreign court taking proper jurisdiction.
Judges:
Thorpe LJ, Dyson LJ, Hallett LJ
Citations:
Times 19-Jul-2006, [2006] EWCA Civ 1115, [2006] Fam Law 918, [2007] 1 FLR 57
Links:
Statutes:
Children Act 1989, Child Abduction and Custody Act 1985
Jurisdiction:
England and Wales
Children, International
Updated: 07 July 2022; Ref: scu.244229
