Re W (Children: Abduction: Implementation of Return Order) V [2019] EWHC 357 (Fam)

The father in child abduction proceedings had applied for directions to implement a return order. The mother had brought the children from Texas to England in 2017, and had been ordered to return them. The Court of Appeal had held that it would be intolerable to return the children to the USA without their mother, but her application for a humanitarian parole visa had been rejected by the American immigration service. Knowles J was unable to vary the Court of Appeal's order, and so did not have the jurisdiction to entertain the father's application. The parties would have to consider whether to apply to the Court of Appeal for reconsideration of its order. However, she urged them to consider a child-focused, consensual end to the litigation, before further hearings eroded whatever goodwill remained.

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W v L (Forum Conveniens) [2019] EWHC 1995 (Fam)

The parents were British and Jordanian nationals, who married in Jordan in 2010 and moved to England in 2011. The mother applied for a declaration that their six-year-old son was habitually resident here, and for an order prohibiting the father from removing the boy from the care of the mother or from this jurisdiction, and from making further applications regarding the child in Jordan. The father argued that the Kingdom of Jordan was the appropriate legal forum for determination of the welfare issues. MacDonald J was wholly satisfied that the child was habitually resident in the jurisdiction of England and Wales, where he had been born and had lived for all but sixteen months. It was therefore the natural and appropriate forum for the welfare issues to be determined.

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