CASE

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Case Name

AX v CY [2020] EWHC 1599 (Fam)

INCADAT reference

HC/E/UKe 1462

Court

Country

UNITED KINGDOM - ENGLAND AND WALES

Name

High Court of Justice Family Division

Level

First Instance

Judge(s)

Mr Robert Peel QC

States involved

Requesting State

SPAIN

Requested State

UNITED KINGDOM - ENGLAND AND WALES

Decision

Date

10 June 2020

Status

Final

Grounds

-

Order

Return ordered

HC article(s) Considered

13(1)(b) 13(2) 20

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

Re O (Abduction: Settlement) [2011] 2 FLR 1307

Cannon v. Cannon [2004] EWCA Civ. 1330, [2005] 1 FLR 169

Re C (Child Abduction; Settlement) [2006] 2 FLR 797

F v M and N (Acquiescence: Settlement) [2009] 2 FLR 1270

RS v KS [2009] EWHC 14

Re E (Children) (Abduction: Custody Appeal) [2011] 2 FLR 758, SC

Uhd v McKay [2019] EWHC 1239

Re D [2007] 1 FLR 961

A (A Child) (Hague Abduction: Art 13(b) Protective Measures [2019] EWHC 649

B v P [2017] EWHC 3577

SP v EB and KP [2014] EWHC 3964

Re M (Abduction: Zimbabwe) [2007] UKHL

Re E [2012] 1 AC 144

Published in

-

SYNOPSIS

Synopsis available in EN

One child wrongfully removed at age 6 – National of Spain – Father national of Bolivia – Mother national of Colombia and Spain – Mother primary carer and father exercising rights of contact, including staying contact – Child lived in Spain until September 2018  – Return ordered – Main issue: COVID-19 – due to travel restrictions between the UK and Spain it was acknowledged that a safe return may take more time to organise than usual, but that it should take place as soon as reasonably practicable.

SUMMARY

No summary available