P & Anor v S & Anor

P & Anor v S & Anor

The appeals against the return order are dismissed because the judge acted within his discretion, properly considered the child's wishes, and was entitled to make the order under the Children Act 1989 in the absence of Hague Convention proceedings. However, given the passage of time and lack of compliance, the return order is suspended to allow P to visit the UK for sibling contact, reflecting changed circumstances and the children's welfare.

Parties
1st Appellant: P; 2nd Appellant: L; 1st Respondent: S; 2nd Respondent: T
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Appeal / Judgment on Appeal and Variation Application
Outcome
Appeals dismissed; variation application granted in part
Legal Topics
Child Abduction, Child Arrangements, Jurisdiction, Hague Convention, Children Act 1989, Variation of Orders
Family Law Child Law International Law Child Abduction Child Arrangements Jurisdiction Hague Convention Children Act 1989 +1 more

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Parties

P

1st Appellant

L

2nd Appellant

S

1st Respondent

T

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal and Variation Application

Legal Issues

  1. 1 Whether the Children Act 1989 was improperly applied instead of the Hague Convention 1980
  2. 2 Whether the practicalities of enforcing the return order were properly considered
  3. 3 Whether the appeal against the return order should be allowed

Ratio Decidendi

The appeals against the return order are dismissed because the judge acted within his discretion, properly considered the child's wishes, and was entitled to make the order under the Children Act 1989 in the absence of Hague Convention proceedings. However, given the passage of time and lack of compliance, the return order is suspended to allow P to visit the UK for sibling contact, reflecting changed circumstances and the children's welfare.

Court Disposition

Appeals dismissed; variation application granted in part

Orders

  • Return order suspended to allow P to visit the UK for Easter to see T and mother
  • Mother's application for T to travel to Slovakia refused