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Family Law

The leading authority on all aspects of family law

20 APR 2011

ABDUCTION: D v N and D (By her Guardian ad Litem) [2011] EWHC 471 (Fam)

(Family Division; Theis J; 8 March 2011)

The mother retained child wrongfully in Poland after holiday. The  Polish court accepted wrongful retention but refused child's summary return on basis of an Art 13 b grave risk posed by father's alcohol consumption and child's objection. The Polish court made no reference to BIIR.

The father sought an order from the English court for child's return under Brussels II Revised. The mother issued proceedings in Poland to limit the father's parental responsibility. The guardian had tried to consult with child but the mother had not permitted this. At issue was whether there was sufficient consideration given by Polish court to the arrangements made to secure the protection of the child.

Return ordered. Court had jurisdiction to order return under Art 11(7) of BIRR and jurisdiction to order summary return under inherent jurisdiction. Certificate under Art 42(2) granted.

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