Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Help separated parents ditch avoidance strategies that stop them resolving differences
The desire to avoid conflict with an ex is the primary reason that separated parents do not get to see their children.  That’s an eye-opening finding from a survey of 1,105 separated...
What is a Cohabitation Agreement, and do I need one?
Many couples, despite living together, never seek to legally formalise their living and financial arrangements.  They mistakenly believe that the concept of a ‘common law’ husband and...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
View all articles
Authors

ABDUCTION: ET v TZ [2013] EWHC 2621 (Fam)

Sep 29, 2018, 18:50 PM
Slug : abduction-et-v-tz-2013-ewhc-2621-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 24, 2013, 02:30 AM
Article ID : 103873

(Family Division, Roderic Wood J, 6 August 2013)

The mother and child, now 8, returned to Poland from the UK when the parents separated. Contact between the father and child had initially taken place but on one occasion the father removed the child without the mother's consent. The father failed to return him and travelled to England again without the mother's consent. The mother initiated Hague Convention proceedings in Poland. Enforcement proceedings had been brought and there was a warrant in place for the child's return to Poland. In addition the Polish court had removed the father's parental responsibility.

The mother applied to the English court pursuant to the Hague Convention for emergency relief and pursuant to BIIR for a declaration of enforcement of the Polish order granting her interim residence.

The court had to consider the enforcement issue first and dismissed the father's submission that pursuant to Art 23(a) and (b) of Brussels II the judgment should not be recognised on public policy grounds. The bar was set very high and the court had to question whether the situation was so obviously and extremely abusive so as to qualify as an exceptional case. The threshold was not met in the circumstances. The court issued a declaration of enforcement.

 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from