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International Family Law

The leading authority on international family law

28 AUG 2012

JRG v EB [2012] EWHC 1862 (Fam) (2012) ICLLR 014

Abduction - Residence order made by French court - Mother removed child - Hague Convention proceedings initiated as opposed to enforcement proceedings under BIIR

05 July 2012

Family Division

Mostyn J

Facts

The parents and their three children aged 7, 4 and 2 had lived in France for 4 years when the mother removed them and took them to England. She had already agreed in writing that she would return them after a 2-week holiday but failed to do so. Just prior to their removal the French court made a residence order in favour of the father with provision for contact with the mother and a certificate pursuant to Annex II of Brussels II Revised (BIIR) was produced. When the mother failed to return the children the father issued an application under the Hague Convention on the Civil Aspects of International Child Abduction 1980. The mother claimed that: the children were never habitually resident in France; that the father had consented to their removal; that one of the children objected and there was a grave risk of harm if a return were ordered. To date three preliminary hearings before High Court judges had taken place and a full Cafcass report was produced.

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