Re: X (Children)

Re: X (Children)

The judge was entitled to summarily dismiss the father's applications as they lacked sufficient merit and did not add anything new of substance to previous proceedings. The judge had jurisdiction under Article 11 of the 1996 Hague Convention to make limited contact orders for the immediate period after T's removal from England. The refusal of the father's application for legal services payment order was within the judge's discretion and not outside the range of permissible decisions.

Parties
Appellant/first Respondent: Father; First Respondent/appellant: Mother; Second Respondent: P (Child)
Jurisdiction
England and Wales
Judgment Date
19 August 2022
Procedural Posture
Appeal / Judgment on Appeal From High Court Orders and Application for Permission to Appeal
Outcome
Appeals by both father and mother dismissed; father's application for permission to appeal allowed but substantive appeal dismissed.
Legal Topics
Habitual Residence, Recognition of Foreign Orders, Child Arrangements, Jurisdiction, Legal Services Payment Orders
Family Law International Child Law Habitual Residence Recognition of Foreign Orders Child Arrangements Jurisdiction Legal Services Payment Orders

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Parties

Father

Appellant/first Respondent

Mother

First Respondent/appellant

P (Child)

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Orders and Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge was wrong to summarily dismiss the father's applications for stay, set aside, and child arrangements orders
  2. 2 Whether the judge was wrong to determine the applications lacked sufficient merit
  3. 3 Whether the court had jurisdiction to make contact orders under Article 11 of the 1996 Hague Convention

Ratio Decidendi

The judge was entitled to summarily dismiss the father's applications as they lacked sufficient merit and did not add anything new of substance to previous proceedings. The judge had jurisdiction under Article 11 of the 1996 Hague Convention to make limited contact orders for the immediate period after T's removal from England. The refusal of the father's application for legal services payment order was within the judge's discretion and not outside the range of permissible decisions.

Court Disposition

Appeals by both father and mother dismissed; father's application for permission to appeal allowed but substantive appeal dismissed.

Orders

  • Father's appeal from the order of 13 May 2022 dismissed.
  • Mother's appeal from the order of 13 May 2022 dismissed.