PH v AH

PH v AH

The hearing must be adjourned due to the respondent mother's advanced pregnancy, which makes her attendance and the child's attendance at court in London impractical and inhumane. The welfare of the child and fairness to both parties require postponement until after the birth, with the next hearing to be held locally in Liverpool to accommodate the mother.

Parties
Applicant Father: PH; Respondent Mother: AH
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
International Child Abduction (hague Convention) / Interlocutory; Adjournment of Final Hearing
Outcome
Final hearing adjourned; no determination on the merits at this stage.
Legal Topics
International Child Abduction, Hague Convention, Brussels II Revised, Child Custody, Adjournment, Contempt of Court
Family Law International Law International Child Abduction Hague Convention Brussels II Revised Child Custody Adjournment Contempt of Court

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Parties

PH

Applicant Father

AH

Respondent Mother

Procedural Posture

International Child Abduction (hague Convention) / Interlocutory; Adjournment of Final Hearing

Legal Issues

  1. 1 Whether to proceed with the final hearing in the absence of the respondent mother
  2. 2 Whether to adjourn the hearing due to the mother's late pregnancy
  3. 3 Appropriate arrangements for the child's welfare pending final determination

Ratio Decidendi

The hearing must be adjourned due to the respondent mother's advanced pregnancy, which makes her attendance and the child's attendance at court in London impractical and inhumane. The welfare of the child and fairness to both parties require postponement until after the birth, with the next hearing to be held locally in Liverpool to accommodate the mother.

Court Disposition

Final hearing adjourned; no determination on the merits at this stage.

Orders

  • Final hearing adjourned to 8th July 2016 in Liverpool before Mr Justice Peter Jackson.
  • Mother must attend and bring the child unless medically impossible, with any such claim to be supported by detailed medical evidence.