Family Law Hub

D v O [2019] EWHC 3099 (Fam)

The mother had been in Poland with the daughter for two years, after a wrongful retention. The Polish court had refused the father's application under the 1980 Hague Convention in view of allegations of sexual abuse made against the father and paternal grandfather. The father now applied for the daughter's return under Article 11(7) of Brussels II Revised. Mr Teertha Gupta QC, sitting as a deputy High Court judge, did not accept that the mother had been disenfranchised by the process. The question for him was whether it was in the child's best interests to return here, in order for a court to make enquiries and determinations about her best interests. The Guardian's position was that the child should be returned with immediate effect for assessment. Mr Teertha Gupta QC concluded that he had no alternative but to order the child's return.


Published: 28/11/2019

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