The mother had brought the child from France to England. That removal was wrongful. The father, having begun proceedings in France, sought his return.
Held: The father had not co-operated readily with the UK courts in bringing his application, causing excess delay. The return of the child was discretionary. In this case the child was old enough to be listened to, and to have regard to his views. There was nothing in the Brussels II to give it priority over the defences in the 1980 Hague convention, and the court could hear the application.
Judges:
Ward J
Citations:
Times 14-Oct-2002, Gazette 17-Oct-2002
Statutes:
Council Regulation (EC) No 1347/2000 on Jurisdiction and th Recognition of Judgments in Matrimonial Matters etc, 1980 Hague Convention on the Civil Aspects of Child Abduction
Jurisdiction:
England and Wales
Children
Updated: 15 July 2022; Ref: scu.177413