Hayley Trim's Analysis: BIIR Rules, OK?

What would your instinct be if a client came to you with a classic case of wrongful retention? A speedy application for a return order under the Hague Convention? A recent judgment of Mostyn J JRG v EB [2012] EWHC 1863 (fam) highlights the importance of making the right application at the outset.

After a dispute between the parents as to who the three children should live with following their separation the French court had made a residence order in the father's favour. The family had been living in France since 2008 prior to which they had lived in England. Shortly after the residence order was made the children had contact with their mother in England and the mother retained them following that contact. 

The perhaps understandable reaction of the father (and presumably his lawyers) was to bring an application for the immediate return of the children under the Hague Convention....

Read the full article here.