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Family Law

The leading authority on all aspects of family law

17 JUL 2011

ABDUCTION: AF v T and A [2011] EWHC 1315 (Fam)

(Family Division; Peter Jackson J; 31 May 2011)

The German court refused to return the child under Hague, under Art 13. The German court subsequently refused to give the father the mother's current address.

The English court made an order for contact and issued an Art 41 certificate pursuant to the father's application under Art 11 BIIR. Despite it being 3 years since the abduction, it was appropriate to make an order since the matter could not be resolved in Germany and not to do so would be in breach of the ECHR as well as defeating the purpose of Hague and BIIR to maintain a child's relationship with the left behind parent.

 

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