Case number and/or case name
SJ v JJ, AJ (by his children’s guardian, Robert McGavin) [2011] EWHC 3450 (Fam)
Summary
The proceedings were concerned with a child born on 24th June 2009. The child was born in England.
The mother was a Polish national. The father was born in Kazakhstan, but his family was from Poland where they returned in 1985 or so. The parties met in Poland and started their relationship in 2002. They lived together, but they were not married.
In 2004, the parties moved from Poland to England.
In 2009, after the child was born, it was decided for the mother and the child to visit Poland for three weeks.
On 12th September 2009, there was an incident. The father allegedly overheard that the mother had no intention to return back to England. The police was called on this occasion.
The father started proceedings, seeking a Prohibited Steps Order and contact.
The mother and the child eventually went to Poland, nonetheless.
The father filed an application for the child’s return to England.
The Polish court dismissed the father’s application for a summary return of the child to England.
On 10th December 2010, the father made an application to the English under Articles 11(6-8) of Brussels IIa. The English court dismissed the father’s application. However, Mr Justice Baker refused to make a final residence order, so that the English court retained its jurisdiction under Brussels IIa.