R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

Applicants permitted to withdraw proceedings as dismissal would imply adjudication; applicants ordered to pay respondent's costs due to their litigation conduct and the necessity for respondent to defend against untested allegations.

Citation
[2011] EWHC 1158 (Fam)
Parties
Applicants: R and R; Respondent: A
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Children Act 1989 Proceedings (residence, Contact, Prohibited Steps, Leave to Remove) / Application to Withdraw Proceedings and Determination of Costs
Outcome
Applicants permitted to withdraw proceedings; applicants ordered to pay respondent's costs subject to detailed assessment.
Legal Topics
Withdrawal of Proceedings, Costs in Children Proceedings, Jurisdiction Under Children Act 1989, Forum Conveniens
Family Law Withdrawal of Proceedings Costs in Children Proceedings Jurisdiction Under Children Act 1989 Forum Conveniens

Case Brief

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Parties

R and R

Applicants

A

Respondent

Procedural Posture

Children Act 1989 Proceedings (residence, Contact, Prohibited Steps, Leave to Remove) / Application to Withdraw Proceedings and Determination of Costs

Legal Issues

  1. 1 Whether applicants should be permitted to withdraw proceedings or if they should be dismissed
  2. 2 Whether applicants should pay respondent's costs

Ratio Decidendi

Applicants permitted to withdraw proceedings as dismissal would imply adjudication; applicants ordered to pay respondent's costs due to their litigation conduct and the necessity for respondent to defend against untested allegations.

Court Disposition

Applicants permitted to withdraw proceedings; applicants ordered to pay respondent's costs subject to detailed assessment.

Orders

  • Applicants granted permission to withdraw proceedings.
  • Applicants to pay respondent's costs on the standard basis, subject to detailed assessment in default of agreement.