High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

4 June 2015

RB and DB

[2015] EWHC 1817 (Fam)

First instance

Article 11

Article 23

Children's Act 1989

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This case concerned proceedings for the return of two children from England to Austria under the 1980 Hague Child Abduction Convention. In determining the application, the High Court considered the interaction between the 1980 Hague Convention, the 1996 Hague Convention, and Brussels II Revised, both Austria and the United Kingdom being Contracting States to the 1996 Convention at the relevant time. The court held that Article 11 of the 1996 Hague Convention empowered it, as the authority of the State where the children were present, to adopt urgent protective measures pending return. The judgment contains extensive discussion of the role of Article 11 measures and their recognition under Article 23 of the Convention. The court considered that protective measures capable of recognition in Austria could address risks raised in opposition to return and made a series of urgent measures intended to secure the protection and welfare of the children pending determination by the Austrian courts.

The High Court exercised jurisdiction under Article 11 of the 1996 Hague Convention and made urgent protective measures in respect of the children pending their return to Austria. These included measures regulating care arrangements, residence, parental conduct, cooperation with Austrian authorities, and related protective matters. The court considered that these measures would be recognised in Austria pursuant to Article 23 of the Convention and concluded that they provided sufficient protection pending determination of welfare issues by the Austrian courts.

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