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Reported Case

AT v SS (No 2) [2015] EWHC 3328 (Fam) (18 November 2015)

Date: 18/11/2015
Duncan Lewis, Reported Case Solicitors, AT v SS (No 2) [2015] EWHC 3328 (Fam)

In the High Court of Justice - Family Division

On 29 September 2015 I made a return order pursuant to Art 12 of the Hague Convention on the Civil Aspects of International Child Abduction (hereafter 'the Convention') in respect of a child, S. S is now aged 5 years old. My reasons for making the order are set out in my judgment of that date, the neutral citation for which is [2015] EWHC 2703 (Fam). This judgment should be read with my previous judgment.

Within my judgment of 29 September I recorded the stated intention of S's mother, SS, articulated during the final hearing of this matter on 11 September 2015, not to return with S to Holland in the event I made a return order. That remained the position of the mother as at the date of my first judgment.

By reason of the fact that the return of S to Holland was to take place without his being accompanied by his primary carer, I permitted what I described in my first judgment as "a short delay" in the implementation of the return order whilst the necessary arrangements are made for the return of S to, and the reception of S in Holland.

The arrangements to which I made reference included the need to notify the Dutch authorities of the decision of this court, the need for an interim foster care or kinship placement to be identified and the need for arrangements to be made for transporting S to the Netherlands in the event that the mother persisted in her stated intention not to accompany her child to that jurisdiction. Within this context, I ultimately approved a consent order which provides for the return of S to Holland no later than 13 November 2015.

At the beginning of last week I was informed by a letter from the solicitors acting on behalf of the mother that she had now decided that she did wish to return to Holland with S. The mother now applies to vary the return order I made on 29 September 2015 to allow for a further two month delay in the return of S to allow the mother to accompany him to Holland.


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