Re N (Abduction)
[2022] EWHC 3146 (Fam)
Elena Smolik (A Child), Re
20 March 2024
[2024] EWHC 920 (Fam)
High Court
A dad took his daughter to Slovakia and wouldn't bring her back, saying he lost her passport. A UK court ordered the daughter's return, saying it's highly likely the dad did it on purpose. The judge was concerned about the dad's actions and the impact on the daughter. The mom won.
Key Facts
- •Elena Smolik (DOB 02.05.19) was allegedly abducted by her father, Rastislav Smolik, to Slovakia.
- •The father, a Slovakian with British citizenship, took Elena to Slovakia initially for a holiday with the mother's consent.
- •Subsequently, the father failed to return Elena to her mother in the UK as agreed, claiming he lost her passport.
- •The mother, Wiem Bejaoui, a Tunisian national living in the UK, applied to the UK court for Elena's return.
- •The father did not appear in court.
- •Elena has British nationality and may or may not be entitled to a Slovakian passport.
- •The mother has legal aid in the UK but wouldn't receive it in Slovakia. Slovakia has a reservation under Article 42 of the Hague Convention regarding legal costs.
Legal Principles
In Brussels II cases, applications should generally be made to the court where the child has been taken, absent good reason.
Re S (Abduction: Hague Convention or BIIa) [2018] EWCA Civ 1226; [2018] 4 All ER 806
A child is entitled to a relationship with and contact with both parents unless there is a very good reason to the contrary.
Judge's reasoning
Children's cases are almost always heard in private to protect the privacy of the children and parents.
Judge's statement
Child abduction is a serious matter with an appalling impact on children.
Judge's statement
Outcomes
A fresh return order was made for Elena to be returned to the UK.
The judge found it highly likely that the father wrongfully retained Elena in Slovakia and that the father's excuse of losing the passport was dubious given the length of time Elena has been withheld from her mother and lack of contact. The judge considered the mother's application proper due to lack of legal aid in Slovakia and the circumstances of the case.