*Re S (a child) (abduction: Hague Convention or BIIa)

Child – Abduction. Where a child, habitually resident in England and Wales, was alleged to have been wrongfully removed to or retained in another EU member state, the England and Wales courts had the power to make a return order summarily at the outset of proceedings when it had substantive jurisdiction under Council Regulation (EC) 2201/2003. However, the Court of Appeal, Civil Division, held that, absent a good reason to the contrary, the better course was for the court to defer making a return order until an application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been determined in the other member state.

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