FD25P00204 - [2025] EWHC 2672 (Fam)

This order is stayed until it is registered in Romania.

M goes further and submits that it should be stayed until (i) the outcome of the Romanian proceedings is known and/or (ii) the outcome of an application by her for relocation from Romania to England (which she has not yet issued) is known. I reject this submission. There is no timescale, but it seems likely to me that Romanian proceedings would not conclude for potentially a lengthy time. Although the Romanian courts have held a number of hearings, there is no obvious sign of a swift resolution on the horizon. Since the purpose of the Convention is to enable the courts of the outgoing country to determine welfare issues should a return order be made, it would be illogical to refuse a return because they are in fact in the middle of exploring such issues.

This order requires A to be returned to Romania. M will accompany him. This is not an order determining who A should live with and/or how much time A should spend with each parent. It seems to me from what I have seen and heard that, on the face of it, A’s living arrangements should lie with M as his primary carer. But it is not for me to decide such matters, which are firmly for the Romanian court.