W (Children) (Abduction: Striking Out)

W (Children) (Abduction: Striking Out)

It is generally inappropriate to strike out a Hague Convention application except in exceptional circumstances such as those in Re G; issues of delay and settlement are properly addressed as defences at the substantive hearing. There is no justification for a psychological assessment of the mother in the absence of medical evidence.

Parties
Applicant/father: MW; Respondent/mother: NA
Jurisdiction
England and Wales
Judgment Date
26 November 2015
Procedural Posture
Child Abduction Application Under the Hague Convention / Pre Trial Review (ptr) With Applications to Strike Out and for Psychological Assessment
Outcome
Applications refused
Legal Topics
Hague Convention, Brussels II Revised, Child Settlement, Acquiescence, Article 13(b) Defence, Strike Out Applications
Family Law International Child Abduction Hague Convention Brussels II Revised Child Settlement Acquiescence Article 13(b) Defence Strike Out Applications

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Parties

MW

Applicant/father

NA

Respondent/mother

Procedural Posture

Child Abduction Application Under the Hague Convention / Pre Trial Review (ptr) With Applications to Strike Out and for Psychological Assessment

Legal Issues

  1. 1 Whether the father's application under the Hague Convention should be struck out
  2. 2 Whether a psychological assessment of the mother should be ordered

Ratio Decidendi

It is generally inappropriate to strike out a Hague Convention application except in exceptional circumstances such as those in Re G; issues of delay and settlement are properly addressed as defences at the substantive hearing. There is no justification for a psychological assessment of the mother in the absence of medical evidence.

Court Disposition

Applications refused

Orders

  • Application to strike out the father's Hague Convention application is refused.
  • Application for a psychological assessment of the mother is refused.