PIL instrument(s)
Brussels IIa
Case number and/or case name
D v N v D (By her Guardian ad Litem,) [2011] EWHC 471 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 10
Paragraph a
Paragraph b SubParagraph i
Paragraph b SubParagraph ii
Paragraph b SubParagraph iii
Paragraph b SubParagraph iv
Article 11
Paragraph 4
Paragraph 6
Paragraph 7
Paragraph 8
Article 15
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Article 40
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2
Article 42
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Date of the judgement
08 March 2011
Appeal history
None
CJEU's case law cited by the court
C-211/10 PPU Doris Povse v Mauro Alpago (Third Chamber) [2010] ECR I-06673
Summary
The proceedings were in respect of a child born on 27th Oct 2006 in England. There was an application by the father for the child’s return to England. The mother was a Polish national. The father was an English citizen. The parties had lived in England till 20th March 2010 when they both traveled to Poland for a 3-week holiday. The mother and the child stayed in Poland. The English proceedings were preceded by a judgment of the Polish court dismissing the father’s application, relying on Article 13b of the Hague Convention. The English court had jurisdiction under Articles 8, 10 and 11(6-8) of Brussels IIa. Mrs Justice Theis DBE made an order for the child’s return to England.

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