Family Court (England and Wales), sitting at the Royal Courts of Justice

Family Court (England and Wales), sitting at the Royal Courts of Justice

United Kingdom - England and Wales

28 June 2024

London Borough of Haringey; mother; father; child (through Children’s Guardian)

[2024] EWFC 151

First instance

• Article 7
• Article 8

• Article 1
• Article 5
• Article 9
• Article 11

The Children Act 1989, Civil Jurisdiction and Judgments Act 1982, Private International Law (Implementation of Agreements) Act 2020, Adoption and Children Act 2002

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A mother wrongfully removed her 22 month old child who was habitually resident in England and Wales, whilst in the middle of child protection proceedings. The local authorities in England had begun proceedings to place the child in adoptive care following inadequate parenting assessments. The court held that the child had subsequently acquired habitual residence in Poland. However, the English court retained jurisdiction under Article 7 of the 1996 Hague Convention. The care proceedings had vested rights of custody in the English court; the mother's unilateral removal of the child without the court's sanction was in breach of those rights; and the court had been exercising those rights at the time of removal. The court had not subsequently acquiesced in the removal. MacDonald J rejected the proposition that the court could thereafter actively acquiesce under Article 7(1)(a) for the purpose of surrendering its retained jurisdiction, holding that a transfer of jurisdiction should instead be pursued through Articles 8 and 9. As Poland was better placed to assess the child's best interests, the English proceedings were stayed and a request was made under Article 8 for Poland to assume jurisdiction.

The child had become habitually resident in Poland, but the English court retained jurisdiction under Article 7 following his wrongful removal. The court stayed the English proceedings and requested Poland to assume jurisdiction under Article 8.

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