F (A Child) [2009] EWCA Civ 416 (19 March 2009)

F (A Child) [2009] EWCA Civ 416 (19 March 2009)

The Court of Appeal held that the trial judge correctly exercised his discretion under Article 13 of the Hague Convention, giving appropriate weight to the child’s objections, maturity, and welfare in the short and medium term. The judge’s reasoning was clear, and there was no error in the balancing of Convention policy against the specific facts. The appeal was dismissed.

Citation
[2009] EWCA Civ 416
Parties
Subject: F (A Child); Appellant's Advocate: Mr N Anderson; Respondent's Advocate: Mr M Scott-Manderson QC
Jurisdiction
England and Wales
Judgment Date
19 March 2009
Procedural Posture
Appeal (family Law Child Abduction) / Application for Permission to Appeal and Appeal
Outcome
Appeal dismissed; application for permission to appeal refused.
Legal Topics
Child Abduction, Hague Convention 1980, Brussels II Revised Regulation, Summary Return of Child, Rights of Custody, Child's Objections
Family Law International Law Child Abduction Hague Convention 1980 Brussels II Revised Regulation Summary Return of Child Rights of Custody Child's Objections

Case Brief

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Parties

F (A Child)

Subject

Mr N Anderson

Appellant's Advocate

Mr M Scott-Manderson QC

Respondent's Advocate

Procedural Posture

Appeal (family Law Child Abduction) / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to order the summary return of the child to Poland under the Hague Convention 1980 and Brussels II Revised Regulation
  2. 2 Whether the child’s objections and welfare justified refusal of summary return under Article 13 of the Hague Convention

Ratio Decidendi

The Court of Appeal held that the trial judge correctly exercised his discretion under Article 13 of the Hague Convention, giving appropriate weight to the child’s objections, maturity, and welfare in the short and medium term. The judge’s reasoning was clear, and there was no error in the balancing of Convention policy against the specific facts. The appeal was dismissed.

Court Disposition

Appeal dismissed; application for permission to appeal refused.

Orders

  • Permission to appeal granted for the sake of argument, but appeal dismissed.
  • No order for summary return of the child to Poland.