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

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

United Kingdom - England and Wales

23 June 2023

AB v CD

[2023] EWHC 1670 (Fam) Rev 1

First instance

Article 7

Article 11

Child Abduction and Custody Act 1985

Not provided

This case concerned proceedings under the 1980 Hague Convention involving a seven-year-old child wrongfully removed by her mother from Portugal to England. It was common ground that the child had been habitually resident in Portugal immediately before removal and that the mother's unilateral relocation breached the father's custody rights. The father commenced return proceedings within one year. The court relied on Article 7 of the 1996 Hague Convention in recognising Portugal's continuing jurisdiction over matters of parental responsibility notwithstanding the child's physical presence in England. The mother's defences under Article 13 of the 1980 Convention were rejected: the child had expressed a preference to remain in England rather than an objection to returning to Portugal, and the alleged risks associated with the father's conduct could be investigated and managed by the Portuguese authorities. A return order was therefore made. The court also considered the possible use of Article 11 of the 1996 Convention to provide urgent protective measures pending determination of the child's longer-term arrangements by the Portuguese court, but adjourned that question to a further hearing.

The court ordered the child's return to Portugal under the 1980 Hague Convention. The child had been habitually resident in Portugal immediately before her wrongful removal to England, and the father had commenced return proceedings within one year. Portugal accordingly retained jurisdiction under Article 7 of the 1996 Hague Convention. The mother's defences under Article 13 of the 1980 Convention, based on the child's objections and grave risk of harm, were rejected. The court adjourned consideration of the practical arrangements for return and of whether urgent protective measures should be made under Article 11 of the 1996 Convention.