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*Re E (a child) (abduction: custody rights)

Case date: 27 May 2005

Section links: Introduction / Details of the case / The court's ruling / Court reference / Barristers


Introduction
In the case of *Re E (a child) (abduction: custody rights), the Family Division court, in proceedings under the Convention on the Civil Aspects of International Child Abduction, ordered that a child should be returned to Spain and ruled that it was inappropriate for an English court to investigate the decision of a competent court of another contracting state dealing with the custody of the child where the terms of the court’s order relied on as establishing the applicant’s custody right for the purpose of the Hague Convention were clear, apt and no appeal had been brought against the decision.

Details of the case

The parties were both British nationals who had cohabited in Spain but not married. They had a child (E) together, who was now aged seven years. Following the parties separation, the mother returned to England with E. The father snatched E and returned to Spain with her.

The mother obtained an originating summons in wardship for E’s return. Thereafter, the father issued proceedings under the Convention on the Civil Aspects of International Child Abduction (as set out in the Child Abduction and Custody Act 1985) (the Hague Convention) for wrongful removal.

Following the making of a consent order, the originating summons in wardship was discharged and the mother returned E to Spain.

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