Summary
The parties married in July 2003, and they lived and worked in England.
The wife was a British citizen; the husband was Portuguese.
In August 2007, the children were sent on holiday to Portugal, and they commenced school there.
The mother did not realise before the end of November 2007 that marriage had been at an end.
The court proceedings were initiated by the mother on 13th December 2007. She sought the return of the children to England.
Mr Justice Baron made an order, stating that the children should be returned to England. He held:
“53 In this case, as I have already found, the children have not obtained a new habitual residence. Therefore, under the terms of Article 10, it is clear that this country has retained its jurisdiction over them.
[...]
59 In this case this is the primary court with the primary jurisdiction. Indeed, the proceedings in this country were commenced before those in Portugal. Therefore, under the terms of Brussels II Revised, provided this court assumes jurisdiction, the court of the foreign jurisdiction, namely Portugal, is bound to cede to the English Court. As I have found that I have jurisdiction, and as I consider it is appropriate to exercise it, the Portuguese Court is bound to cede to this jurisdiction under the terms of Brussels II Revised.
[...]
64 Having heard both of the parties, I consider that it is in these children's best interests for them to be returned to the United Kingdom. I accept the submission that they have spent, as is suggested by Mr Devereux, one-quarter to one-third of their respective lives in Portugal; but that was not with the mother's full agreement. There has not been a delay in bringing these proceedings. The father has not provided a settled home in Portugal on the basis of an agreement between these parties and I have sufficient evidence to enable me to feel sure that the children can return without their being placed in any danger. Therefore I am clear that they will return to the United Kingdom as soon as practicable.” [53, 59 and 64]