Family Law Hub

A v R [2020] EWFC B50

The seven-year-old boy had dual Dutch and French nationality, and was agreed to be habitually resident in England and Wales with his mother. The French father, living in a non-Hague Convention country, sought a detailed order regulating his time with his son, and giving him permission to take the boy out of England and Wales on trips, including to his present country of residence. The mother had not engaged with proceedings or the father's solicitors, citing illness. HHJ Corbett, sitting as a s 9(1) deputy judge of the High Court, found that the mother had ignored the court proceedings, hoping that they would go away, but he had heard from her in detail and at length at the hearing. He was satisfied that each parent had had a fair trial in accordance with Article 6, and that the orders he would make were necessary and proportionate interferences with their Article 8 rights. He decided upon the dates which the son would spend with the father. As to international travel, there was in his judgment no risk of abduction, but the father would be directed to lodge a bond with his solicitors, to be paid to the mother if necessary to fund her legal costs of securing a return. The mother was ordered to respond to reasonable requests from the father regarding the son within 48 hours, and to give him 14 days' notice of any overseas travel plans.

Judgment, published: 28/11/2020


Published: 28/11/2020


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