EUPillar Tomas Palacin Cambra v Jennifer Marie Jones, Jessica Maria Palacin Jones & Thomas Desmond Palacin Jones (By their Children’s Guardian [2013] EWHC 88 (Fam)

Summary

The proceedings were in relation to the unlawful retention of two (of the parties’ 5 children) in Wales by the mother. The parties to the proceedings were married in Spain in 1995. This was not the first set of proceedings between them. In particular, the children had been unlawfully retained in Wales in 2009. Following a return order, they were returned to Spain. The Spanish courts granted the sole custody rights to the father. In the summer of 2012, the children traveled to Wales to see their mother. The mother indicated that she was not intending to return the children. The father made an application for the children to be returned to Spain. The application was granted. Three of the children returned to Spain, but Jessica and Tomas refused. No permission to appeal was granted. The English return order was put forward before the High Court for enforcement, which held that the order must be complied with. In this context, it was held that: “56 […] Bearing in mind the limited role this court has at the stage this troubled case has reached, I regard the submission on behalf of the children for a stay to be more than tinged with welfare. The main foundation of the submission seems to me to be their welfare. Whilst I can see the force of the argument it is not one, in the limited role I have, and on the facts of this case I should accede to. It would send the wrong message in relation to the welfare decisions that have been taken in Spain and would have implications regarding the obligations on this court under Article 8 .” [56]