The Powers of the High Court in implementing a Child Abduction Summary Return: Re W [2019]

On 22 February 2019 Mrs Justice Gwynneth Knowles handed down judgment in Re W (Children) (Abduction: Implementation of Return Order) [2019] EWHC 357 (Fam); She determined that the High Court did not have jurisdiction to order the mother to apply for a B1/B2 visa to return to the USA with the parties’ two children.  

Background and previous hearings

The case concerned a couple who resided in the USA with their two children. The father then aged 12 entered the USA with his family on 6-month visas. Thus the father was an “overstayer” with no immigration status in the USA. As a result the father would be denied readmission if he were to leave even for a short period.

The mother was a British national who moved to the USA to live with the father in 2011. The children were born in the USA and are US citizens and British nationals. The mother left the USA for a short period and managed to re-enter in 2012 after which she overstayed until 2016. In December 2016 the mother left the US with the children and brought them to...

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