Family Law

(Family Division; Singer J; 28 July 2008)

Only if the child's non-return is pursuant to Hague Convention, Art 13, is the home court competent to examine the question of custody of the child, under Brussels II Revised, Art 11(7), and it was only such a welfare-based enquiry that could lead to a 'judgment which requires the return of the child', summarily enforceable. A mother was not entitled to apply under Art 11(7) when the Portuguese court had refused to return the child under Art 3, on the basis that there had been no wrongful removal, even though that decision had been based on an astonishing series of propositions which, if adopted more generally, would frustrate the objectives of the Hague Convention.

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