Summary
The proceedings were concerned with a 12-year child, Shaun. They were initiated by the mother on 13th September 2006. The father of the child was living in Malta; the mother with the child was living in England. The parties had two other children who were 20 and 15, respectively. They were both living in Malta.
Shaun went to Malta in early July, and failed to return on 28th July 2006.
The Maltese court issued a non-return order, refusing to return the child pursuant to Article 13 of the Hague Convention. The English court was notified.
The mother made an application to the English court to take a view on the custody of the child under Article 11(7) of Brussels IIa. The English court order the return of the child to England. Mr Justice Singer held:
“116 [...]having examined the question of custody of Shaun, I order that he remain living with his mother (as previously ordered by the Buxton Magistrates in 2002) and with that purpose, he be returned to the jurisdiction of England and Wales by the father and/or as directed in any enforcement proceedings in Malta which may be necessary to achieve that end.
117 The court of its own motion orders that Shaun is henceforth until further order during his minority a ward of this court. I shall direct that the mother should be the plaintiff in the wardship proceedings. The father shall be the first defendant. Shaun, by his guardian, Teresa Julian, represented as before by CAFCASS Legal, should be the second defendant. I shall make an order that the wardship proceedings be restored for directions, including directions as to future contact with the father, before Singer J. if available no sooner than five days after Shaun's return to this jurisdiction and no later than 21 days after that return, on application by the mother and/or the guardian. I will also direct, as provided for in article 42(1) of BIIR, that this judgment is enforceable forthwith, notwithstanding any appeal.” [116 and 117]