“…13(b) [2021] EWCA Civ 1123 dealing with the proper approach to article 13(b); from my judgment in Re S (A Child) (Hague Convention 1980: Return to Third State) [2019] 2 FLR 194 on the need for caution when relying on undertakings and on the need to analyse the efficacy of any proposed protective measures having regard to the weight be…”
“…res as has been made clear in a number of authorities, including, in respect of a third state, in Re S (A Child) (Hague Convention 1980: Return to Third State) [2019] 2 FLR 194. She also referred to the Guide to Good Practice on Article 13(1)(b) published by the Permanent Bureau of the Hague Conference in March 2020.…”
“…The other relevant domestic authority is Re S (A Child) (Hague Convention 1980: Return to Third State) [2019] 2 FLR 194 in which a return order to a third state was set aside. The parents and the child were all Hungarian nationals and they had lived there until 2017 when they mo…”