(Family Division; Baker J; 2 March 2012)
Judgment following on from Re AJ (Brussels II Revised)  EWHC 3450 (Fam), FLR forthcoming. Since the previous hearing, some, although not all, of the contact ordered on the last occasion had taken place. The guardian who was of the view that the father, because of his failure to accept that the child would remain living in Poland with his mother, might not have the necessary motivation to make contact work and that that the mother had not done anything to obstruct contact.
The time had come to make a residence order amounting to a judgment on custody within the meaning of Article 10(b)(iv) because he considered that the mother had now demonstrated a commitment to contact.
The fact that hitherto a final order for residence had not been made had created some uncertainty in that the father and the paternal grandparents were continuing to assert, through the Guardian, that the court should reverse its earlier decision concerning where the child should live and direct that he be returned to England. The Polish courts would now determine contact issues.