J (Children)

J (Children)

Permission to appeal is refused because no fresh evidence undermines the core orders for return; all welfare issues have been determined by the Spanish court of primary jurisdiction, and enforcement difficulties do not justify appellate intervention.

Parties
First Applicant: Mother; Second and Third Applicant: J and T (children); First Respondent: Father; Second Respondent: Second Respondent child; Third Respondent: Carmarthenshire County Council
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Family Law Child Abduction (hague Convention) / Application for Permission to Appeal Orders for Return of Children to Spain
Outcome
Application for permission to appeal refused
Legal Topics
Child Abduction, Hague Convention, Brussels II Revised, Jurisdiction, Enforcement of Foreign Orders
Family Law International Law Child Abduction Hague Convention Brussels II Revised Jurisdiction Enforcement of Foreign Orders

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Parties

Mother

First Applicant

J and T (children)

Second and Third Applicant

Father

First Respondent

Second Respondent child

Second Respondent

Carmarthenshire County Council

Third Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Application for Permission to Appeal Orders for Return of Children to Spain

Legal Issues

  1. 1 Whether permission to appeal should be granted against orders for return of children to Spain under the Hague Convention
  2. 2 Whether fresh evidence justifies appellate review
  3. 3 Relevance of welfare decisions made by Spanish court

Ratio Decidendi

Permission to appeal is refused because no fresh evidence undermines the core orders for return; all welfare issues have been determined by the Spanish court of primary jurisdiction, and enforcement difficulties do not justify appellate intervention.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused for the mother and the children
  • Enforcement of return orders remains with the trial court