Case number and/or case name
AF (Father), T (Mother) v A (a child, by his Children’s Guardian) [2011] EWHC 1315 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 10
Paragraph a
Paragraph b
SubParagraph i
Paragraph b
SubParagraph ii
Paragraph b
SubParagraph iii
Paragraph b
SubParagraph iv
Article 11
Paragraph 6
Paragraph 7
Paragraph 8
Article 40
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
Article 41
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 3
Article 42
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Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Date of the judgement
31 May 2011
CJEU's case law cited by the court
Summary
The proceedings were in respect of a child born in April 2004 in England. There was an application by the father for a return of the child to England.
The mother was from Eritrea, and became a German national in 1973. The father was from Jordan, and became a British citizen in 2000. The parties met in England in 2001.
There were other proceedings regarding the father’s contact with the child.
The mother had applied for a permission to permanently take the child to Germany. The latter proceedings were still pending when the mother removed the child on 5th May 2008 to Germany.
The father made a request for a summary return of the child to England.
His application was dismissed by the German court, relying on Article 13b of the Hague Convention. The decision was affirmed by a second instance court from Germany.
The English court had jurisdiction over the application for the child’s return to England under 11(7) of Brussels IIa.
Mr Justice Jackson refused the father’s application, and made an order for six annual contacts to be arranged between the father and the child.