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11 JUL 2012

HAGUE CONVENTION 1980:JRG v EB [2012] EWHC 1863 (Fam)

(Family Division, Mostyn J, 5 July 2012) 
The father brought Hague Convention proceedings in relation to three children aged 7, 4 and 2 claiming their mother had wrongfully retained them in England following a period of agreed contact. The French court had already granted residence of the children to the father with provision for contact with the mother.

The father had failed to apply for registration of the French order under Brussels II Revised when the mother wrongfully retained the children. Adjudication of Hague Convention applications were expensive in terms of time and money and utterly pointless in these circumstances, taking into account the overriding objective of the FPR 2010 to deal with cases justly. The proceedings were adjourned to allow the father to issue an application for registration of the French order.

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