C (A Child), Re [2012] EWCA Civ 1144 (11 July 2012)

C (A Child), Re [2012] EWCA Civ 1144 (11 July 2012)

The appeal is allowed to the extent that the return order is set aside, but the case is remitted for a full hearing in the Family Division because the outcome is not so obvious as to render remission futile; the child's welfare and wishes require proper judicial determination.

Citation
[2012] EWCA Civ 1144
Parties
Appellant Child: Nicole (C, a child); First Respondent: Father; Second Respondent: Mother; Third Respondent: Guardian (Cafcass)
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Appeal From Family Division (hague Convention 1980 Child Return Proceedings) / Appeal Judgment; Remittal for Rehearing
Outcome
Return order set aside; case remitted to Family Division for rehearing.
Legal Topics
Hague Convention 1980, Child Return Orders, Wishes and Feelings of the Child, Discretion in Child Abduction Cases
Family Law International Child Abduction Hague Convention 1980 Child Return Orders Wishes and Feelings of the Child Discretion in Child Abduction Cases

Case Brief

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Parties

Nicole (C, a child)

Appellant Child

Father

First Respondent

Mother

Second Respondent

Guardian (Cafcass)

Third Respondent

Procedural Posture

Appeal From Family Division (hague Convention 1980 Child Return Proceedings) / Appeal Judgment; Remittal for Rehearing

Legal Issues

  1. 1 Whether the return order for the child under the Hague Convention should be set aside
  2. 2 Whether the case should be remitted for rehearing or the father's application dismissed outright
  3. 3 How the child's wishes and welfare should be weighed in the context of international abduction proceedings

Ratio Decidendi

The appeal is allowed to the extent that the return order is set aside, but the case is remitted for a full hearing in the Family Division because the outcome is not so obvious as to render remission futile; the child's welfare and wishes require proper judicial determination.

Court Disposition

Return order set aside; case remitted to Family Division for rehearing.

Orders

  • Case remitted to Family Division for urgent rehearing before Roderic Wood J if possible, otherwise another judge as soon as possible.
  • Judicial availability to take priority in listing the case.