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International Family Law

The leading authority on international family law

25 MAY 2012

Re J No FD11P00072

Custody/contact orders made - Brussels II Revised, article 10(b) - Habitual residence - Future welfare issues to be determined in Polish court

2 March 2012
Family Division
Baker J


The full background to the case can be found in Mr Justice Baker's earlier judgment given in September 2011 - see SJ and another vv JJ and another [2011] EWHC 3450 (Fam). Child was born in England. Father ("F") was from Kazakhstan and Mother ("M") was Polish. M retained the child in Poland after a court ordered holiday in Poland without F's consent. F obtained an order for the child to be returned from the English court in wardship proceedings (an Annex II certificate under Brussels II Revised Regulation 2003 was attached to the order.)

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