Kinderis v Kineriene

Kinderis v Kineriene

The mother is incapable of properly presenting her case without legal aid, creating inequality of arms and risk of unfairness; the case is adjourned to allow reconsideration of legal aid and proper representation, consistent with fair trial requirements and the child's welfare.

Parties
Applicant/father: Arunas Kinderis; Respondent/mother: Gitana Kineriene
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Child Abduction Under Hague Convention and Brussels IIA / Final Hearing Adjourned
Outcome
case adjourned
Legal Topics
Hague Convention, Brussels II a Regulation, Legal Aid, Child Welfare, Fair Trial, Protective Measures
Family Law International Law Child Abduction Hague Convention Brussels II a Regulation Legal Aid Child Welfare Fair Trial +1 more

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Parties

Arunas Kinderis

Applicant/father

Gitana Kineriene

Respondent/mother

Procedural Posture

Child Abduction Under Hague Convention and Brussels IIA / Final Hearing Adjourned

Legal Issues

  1. 1 Whether the child should be returned to Lithuania under the Hague Convention
  2. 2 Whether Article 13 defences apply (grave risk of harm, child's objection)
  3. 3 Whether the respondent mother is entitled to legal aid

Ratio Decidendi

The mother is incapable of properly presenting her case without legal aid, creating inequality of arms and risk of unfairness; the case is adjourned to allow reconsideration of legal aid and proper representation, consistent with fair trial requirements and the child's welfare.

Court Disposition

case adjourned

Orders

  • Final hearing adjourned to Wednesday, 15th January, 2014.
  • Legal Aid Agency to reconsider legal aid application for respondent mother.