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CHILD ABDUCTION: Re E (Abduction: Rights of Custody) [2005] EWHC 848 (Fam)

Date:10 MAY 2005

(Family Division; Sir Mark Potter P; 19/20 April 2005) [2005] 2 FLR 759

In summary proceedings brought under the terms of the Hague Convention on the Civil Aspects of International Child Abduction 1980, the court held that English courts should not go behind the decision of a competent court of another contracting State dealing with the custody of the child, where the Spanish court in question had decided that the father had rights of custody and no appeal had been made against this decision.

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