WX v YZ & Anor

WX v YZ & Anor

The court granted the mother's application to withdraw her Hague Convention and inherent jurisdiction applications for K's return to Poland, finding that in light of K's strong objections and the overriding objective, it would not serve justice to compel continuation. The child's welfare and need for finality supported withdrawal, and both parents must now respect K's wishes regarding contact.

Parties
Applicant (mother): WX; First Respondent (father): YZ; Second Respondent (child): K (by her Solicitor Guardian, JB)
Jurisdiction
England and Wales
Judgment Date
29 June 2020
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing; Application for Summary Return and Permission to Withdraw
Outcome
Mother granted permission to withdraw both Hague Convention and inherent jurisdiction applications; proceedings concluded.
Legal Topics
Hague Convention 1980, Child Custody, Summary Return, Inherent Jurisdiction, Withdrawal of Proceedings, Children's Wishes and Feelings
Family Law International Child Abduction Hague Convention 1980 Child Custody Summary Return Inherent Jurisdiction Withdrawal of Proceedings Children's Wishes and Feelings

Case Brief

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Parties

WX

Applicant (mother)

YZ

First Respondent (father)

K (by her Solicitor Guardian, JB)

Second Respondent (child)

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing; Application for Summary Return and Permission to Withdraw

Legal Issues

  1. 1 Whether the child K should be summarily returned to Poland under the 1980 Hague Convention or inherent jurisdiction
  2. 2 Whether the mother should be permitted to withdraw her applications
  3. 3 Consideration of the child's objections and welfare

Ratio Decidendi

The court granted the mother's application to withdraw her Hague Convention and inherent jurisdiction applications for K's return to Poland, finding that in light of K's strong objections and the overriding objective, it would not serve justice to compel continuation. The child's welfare and need for finality supported withdrawal, and both parents must now respect K's wishes regarding contact.

Court Disposition

Mother granted permission to withdraw both Hague Convention and inherent jurisdiction applications; proceedings concluded.

Orders

  • Mother's applications for summary return withdrawn with permission of the court.
  • Regime of orders to govern contact and review arrangements in Spring 2021.