P & Anor v S v Anor

P & Anor v S v Anor

Permission to appeal is granted on the grounds that there are significant questions about the propriety and utility of ongoing Children Act 1989 proceedings in this jurisdiction while a Hague Convention 1980 application for return is available and likely more effective. The appeal has a real prospect of success on the grounds of improper application of the Children Act in place of the Hague Convention and failure to consider the practicalities of enforcing the return order.

Parties
1st Appellant: P; 2nd Appellant: L; 1st Respondent: S; 2nd Respondent: T
Jurisdiction
England and Wales
Judgment Date
03 May 2025
Procedural Posture
Family Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted in part
Legal Topics
Children Act 1989, Hague Convention 1980, Summary Return Orders, Child's Objections, Jurisdiction, Enforcement of Orders
Family Law International Child Abduction Children Act 1989 Hague Convention 1980 Summary Return Orders Child's Objections Jurisdiction Enforcement of Orders

Case Brief

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Parties

P

1st Appellant

L

2nd Appellant

S

1st Respondent

T

2nd Respondent

Procedural Posture

Family Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the court erred by proceeding under the Children Act 1989 instead of the Hague Convention 1980
  2. 2 Whether insufficient weight was given to the child's wishes and feelings
  3. 3 Whether ongoing Children Act proceedings are appropriate while Hague Convention proceedings are available

Ratio Decidendi

Permission to appeal is granted on the grounds that there are significant questions about the propriety and utility of ongoing Children Act 1989 proceedings in this jurisdiction while a Hague Convention 1980 application for return is available and likely more effective. The appeal has a real prospect of success on the grounds of improper application of the Children Act in place of the Hague Convention and failure to consider the practicalities of enforcing the return order.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal granted under grounds relating to improper application of the Children Act and failure to consider enforcement practicalities
  • Permission refused on other grounds