Case number and/or case name
RB v DB [2015] EWHC 1817 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 11
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
04 June 2015
CJEU's case law cited by the court
Summary
The parties got married in September 2004.
In August 2014, the family relocated to Austria.
There were issues with the mother’s mental health.
The father wrongfully removed the children from Austria to England.
The proceedings were initiated by the mother who sought a summary return of her two children to Austria.
The defence of Article 13(4) of the Hague Convention was invoked. The children objected to their return to Austria. Mr Justice Mostyn ordered the return of the children to Austria, making some interim orders which were intended to protect the children, pending a decision of the Austrian courts.