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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

17 MAY 2011

ABDUCTION: Eliassen and Baldock v Eliassen (Reunite and the Aire Centre Intervening) [2011] EWCA Civ 361

(Court of Appeal; Thorpe, Aikens and Black LJJ; 1 April 2011)

Neulinger does not change the approach of the court in Hague matters. The task of the court is limited to the immediate decision at hand, return or no. Although the court must investigate, the investigation is circumscribed to ascertaining whether any defences apply and if so what order should be made so that the court can satisfy itself that its decision is compatible with the ECHR. The judge evaluating grave risk of harm in the context of Art 13(b) must weigh the immediate and not the ultimate best interests of the child.

Appeal due to be heard in Supreme Court on 23 May 2011.


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