A recent case (between a father and a mother [2024] EWHC 3125 (Fam)) has provided a useful overview upon applications for summary return of a child to a non-Hague Convention country.
In this case, the application made pursuant to the Inherent Jurisdiction of the High Court by the father led to the Court reviewing key principles in relation to applications made for children to be returned under the Inherent Jurisdiction to a non-Hague signatory country.
In this case the Court made reference to principles including:
- That the welfare of the child is the Court’s paramount consideration.
- That the focus of the Court is upon the individual child in the particular case – that child’s own circumstances and welfare.
- That when considering whether it would be better for a child to return to their home (non-Hague signatory) country there are factors that come into play when considering the welfare of the child including matters such as the degree of connection of the child with each country including the length of time the child has spent in each country. Factors such as differences in the two legal systems of this country and the foreign country can be taken into account as well as the effect of the decision on the child’s primary carer.
In this case, the Court also considered the question of where allegations have been made by one or both parents against the other and the Court’s approach to that. Whether a fact finding hearing would be necessary to determine any allegations was carefully considered and the factors at play in that consideration.
In this case, the Court made a decision on a summary basis to refuse the father’s application for the return of the child to the non-Hague convention state emphasising that this decision on a summary basis should not be taken as determinative of a longer term view. The case illustrated the fine balance the Court needed to consider in these circumstances.
We are now listed on Reunite International website. Reunite International is an organisation that supports parents dealing with international parental child abduction.
If you wish to discuss anything mentioned in this article, please contact our Family Law team who will be happy to help.