J (Children) [2012] EWCA Civ 1511 (07 November 2012)

J (Children) [2012] EWCA Civ 1511 (07 November 2012)

Permission to appeal was refused because no fresh evidence of fundamental import was presented that undermined the original return order, and all welfare issues had been determined by the Spanish court of primary jurisdiction, making further appellate review unnecessary.

Citation
[2012] EWCA Civ 1511
Parties
First Applicant: Mother; Second and Third Applicants: 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
Appeal / Permission to Appeal Application in the Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Hague Convention, Brussels II Revised, Child Custody, Enforcement of Foreign Orders
Family Law International Child Abduction Hague Convention Brussels II Revised Child Custody Enforcement of Foreign Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mother

First Applicant

J and T (Children)

Second and Third Applicants

Father

First Respondent

Second Respondent Child

Second Respondent

Carmarthenshire County Council

Third Respondent

Procedural Posture

Appeal / Permission to Appeal Application in the Court of Appeal

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 Whether children should be joined as parties to proceedings

Ratio Decidendi

Permission to appeal was refused because no fresh evidence of fundamental import was presented that undermined the original return order, and all welfare issues had been determined by the Spanish court of primary jurisdiction, making further appellate review unnecessary.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for children to be joined as parties refused