Family Law Hub

Povse v Alpago (Case C-211/10) [2010] 2 FLR 1343

Judgment, published: 26/08/2010

Items referring to this

  • Father's application for the return of the child to Spain after the mother had wrongfully removed him to the UK. The 'disastrous state of affairs' had resulted in the child being taken into care when the mother returned to Brazil and found herself unable to return to the UK. Judgment, 16/07/2018, free
  • A complex case involving proceedings in three jurisdictions (England and Wales, Italy and Finland) and questions of interpretation of the governing European Regulation, decisions of the Court of Justice of the European Union, and domestic decisions. The parties were both Italian nationals and the questions that had to be decided were: 1) whether an order granting the M temporary leave to remove the child was a "final order" or a "provisional order" for the purposes of Council Regulation (EC) No 2201/2003 and 2) whether the Italian court had jurisdiction. The UK proceedings were stayed. Judgment, 24/01/2014, free
  • The questions that required determination were a) whether Mostyn J was right to stay the Children Act proceedings brought by the mother under Art 19(2) of Council Regulation (EC) No 2201/2003 (BIIR) and b) whether he erred in ordering that mother take the child to Italy on or before 18 December 2013. Appeal against the stay was dismissed; reserved judgment as to the return to Italy. Judgment, 23/05/2014, free
  • Judgment, 26/08/2012, free
  • The mother's argument, that a summary return of the child to Bulgaria would expose him to a grave risk of physical or psychological harm, or otherwise place him in an intolerable situation, was rejected. The child did object to returning to Bulgaria, but despite this the court concluded that he should be returned; accordingly the father's application for summary return under the Hague Convention succeeded. Judgment, 16/11/2015, free
  • The court cannot order a local authority to supervise contact in private law proceedings. Judgment, 28/07/2017, free
  • Father's application to have the child, who had been removed by the mother to Poland, returned to the UK. The application succeeded although the order was for the short term only. Judgment, 21/07/2016, free
  • In brief: The High Court ordered a child's return to England under BIIR following a non-return order being made summarily under the Hague Convention on civil aspects of international child abduction. The case highlights how a review under BIIR can lead to the reversal of a non-return order made summarily under different legislation and clarifies the framework within which the court determines applications in these circumstances. Judgment, 06/08/2018, free

Published: 26/08/2010

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