Case number and/or case name
RC (Child Abduction) (Brussels II Revised: Article 11(7)), Re [2008] Fam. Law 1077
Details of the court
England and Wales, First Instance
Articles referred to by the court
Date of the judgement
28 July 2008
CJEU's case law cited by the court
Summary
The parties, who were all Portuguese, were married in Portugal.
The family moved to England. There was a breakdown of the relationship.
The father and the child, R, went both to Portugal, and did not come back. A non-return order was made by the Portuguese court.
In England, the mother made an application for return under Article 11(7) of Brussels IIa. The English court refused to exercise jurisdiction under Article 11(7), holding that it could only do so, if the foreign court had made its non-return order on the ground of Article 13 rather than establishing that the child’s removal was not wrongful within the meaning of Article 3 of the Hague Convention.