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H v B (BIIa: Enforcement of Domestic Return Order) [2020] EWHC 961 (Fam)

May 21, 2020, 14:01 PM
Brussels IIA — Courts made summary orders for return of father’s son from Poland – Father sought enforcement of orders
The Family Division granted a further return order; it was not necessary nor appropriate for the present court to reach a conclusion on the effect of extant proceedings under the Hague Convention in Poland on the father's ability to enforce orders under BIIa.
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Date : May 20, 2020, 23:00 PM
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(Family Division, Macdonald J, 27 April 2020)

Brussels IIA — Courts made summary orders for return of father’s son from Poland – Father sought enforcement of orders

The Family Division granted a further return order; it was not necessary nor appropriate for the present court to reach a conclusion on the effect of extant proceedings under the Hague Convention in Poland on the father's ability to enforce orders under BIIa.


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Neutral Citation Number: [2020] EWHC 961 (Fam)

Case No: ME18P005 and FDP00668

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
LIVERPOOL DISTRICT REGISTRY


Civil and Family Court
35 Vernon Street
Liverpool
L2 2BX


Date: 27/04/2020

Before:

THE HONOURABLE MR JUSTICE MACDONALD

- - - - - - - - - - - - - - - - - - - - -

Between:

H
Applicant
- and -
B
- and -

V
(By his Children’s Guardian) First Respondent

Second Respondent


Ms Rachel Langdale QC and Mr Simon Rowbotham (instructed by Goodman Ray) for the Applicant
The First Respondent did not appear and was not represented
Ms Maria Hancock (instructed by Coole Bevis LLP) for the Second Respondent

Hearing dates: 12 March 2020
- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties' representatives by email.  The date and time for hand-down is deemed to be at 10.30am on 27 April 2020.


.............................


MR JUSTICE MACDONALD

This judgment was delivered in private. The Judge has given permission for this anonymised version of the judgment (and any of the facts and matters contained in it) to be published on condition always that the names and the addresses of the parties and the children must not be published.  For the avoidance of doubt, the strict prohibition on publishing the names and addresses of the parties and the children will continue to apply where that information has been obtained by using the contents of this judgment to discover information already in the public domain. All persons, including representatives of the media, must ensure that these conditions are strictly complied with.  Failure to do so will be a contempt of court.

Judgment: H v B (BIIa Enforcement of Domestic Return Order) [2020] EWHC 961 (Fam)

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