[2025] EWHC 1713 (Fam)

Fecha: 04-Jul-2025

Article 12 states inter alia as follows

34)

Article 12 states inter alia as follows:

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

35)

As F’s application was made more than 12 months later than the date of wrongful retention it is the second of these two paragraphs that apply.

36)

The date for “demonstrating” that the child is “now settled” is when “the proceedings have commenced”.

37)

There remains no binding authority as to whether “now” means the date of the issue of proceedings or that of the final hearing.