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
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles
Authors

ABDUCTION/CONFLICT OF LAWS: Re M (Abduction: Brussels II Revised) [2006] EWCA Civ 630

Sep 29, 2018, 16:24 PM
Slug : re-m-abduction-brussels-ii-revised-2006-ewca-civ-630
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 18, 2006, 04:21 AM
Article ID : 85139

(Court of Appeal; Thorpe and Wall LJJ; 18 May 2006)

The judge's conclusions that the 14-year old child objected to returning to France and that he was a child of sufficient age and maturity were not open to challenge. However, the judge had erred in his exercise of the resulting discretion not to return the child; he should not have taken into account welfare considerations which had arisen only because of delays within the English system, particularly given the countervailing welfare concerns about the father's parenting abilities. The judge had also been wrong to give significant weight to the child's misconceived perception that he would not receive a fair hearing in France.

Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility repealing Regulation (EC) No 1347/2000 (Brussels II Revised Regulation) had fortified what were seen as weaknesses or loopholes in the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention) system, through which abductors were escaping, in three ways: (i) an emphasis on protective measures to nullify an Art 13(b) of the Hague Convention defence; (ii) the return of the case to the requesting state in the event of a refusal by the requested state; and (iii) automatic enforcement of return orders throughout the region.

It was important that states bound by the Brussels II Revised Regulation did not undermine its intended effect either in its interpretation or in its application in accordance with the stringent time limits stipulated, in particular the 6 weeks allowed between the lodging of an application and the issue of judgment in the case. The Good Practice Guide published by the European Commission did not have the force of law, but it remained an extremely useful tool for judges and practitioners who approached the Brussel II Revised Regulation without much previous experience. Hague Convention abduction applications which fell within the ambit of the Brussels II Revised Regulation should be headed both under the Child Abduction and Custody Act 1985 and under the Brussels II Revised Regulation. On issue the outside of the court file should be clearly marked to draw attention to the nature of the application. It should also state the date on which the 6-week period would expire in order to draw the attention of the court administration to the hear-by date which stringent compliance with the Brussels II Revised Regulation would require. Although compliance with the stringent requirements of the Brussels II Revised Regulation would generally require the removal of a previously fixed case from the list, the UK, having opted in to the Brussels II Revised Regulation, was bound by it. If not delivering a written judgment the trial judge must expedite the transcript of the extempore judgment and then expedite its approval.

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