FAMILY DIVISION
Strand London WC2A 2LL |
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B e f o r e :
(sitting throughout in public)
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PAULO DE ANDRADE | Applicant /father | |
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CARLA DE ANDRADE | Respondent/mother |
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8th Floor, 165 Fleet Street, London EC4A 2DY
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(Official Shorthand Writers to the Court)
ANDREW COMAISH (instructed by Pepperells Solicitors) appeared on behalf of the mother
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Crown Copyright ©
MR JUSTICE HOLMAN:
"In or about September 2014 I first started to take steps to come back to England. I mentioned it to [the father] and he was enthusiastic. He said we would come. It seemed to me that he has never accepted our split. I explained to him that I did not mean we would go as a family. Nonetheless, he thought it was a good idea that I bring our children to live."
"a court cannot refuse to return a child on the basis of Article 13(b) of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return."
"Notwithstanding the terms of the order below, the father agrees in principle to the children remaining in England on the condition that there is a contact order pursuant to Brussels II Revised, agreed between the parties. Such contact shall be dealt with via the parties participating in mediation immediately with a view to obtaining a defined contact schedule. In the event that either the mother retracts her offer of generous contact in Portugal, or that social services seek to prevent any contact which may have been agreed between the parents, the terms of this order shall be effective."