A & B v C (Rev 1)

A & B v C (Rev 1)

Both grandmother and aunt, as people to whom it is important that the child maintains a personal relationship, fall within Article 21 and may bring applications for rights of access.

Parties
Applicant: A; Applicant: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Family / Ruling on Applications for Disclosure and Access Under Article 21 of the Hague Convention
Outcome
Applications by grandmother and aunt for rights of access under Article 21 are allowed; applications to be consolidated.
Legal Topics
Rights of Access, Case Management, Jurisdiction, Parental Responsibility
Family Law International Child Abduction Rights of Access Case Management Jurisdiction Parental Responsibility

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Parties

A

Applicant

B

Applicant

C

Respondent

Procedural Posture

Family / Ruling on Applications for Disclosure and Access Under Article 21 of the Hague Convention

Legal Issues

  1. 1 Whether the grandmother and aunt have rights of access under Article 21 of the Hague Convention
  2. 2 Whether a non-parent can bring an application under Article 21
  3. 3 Case management of multiple applications by family members

Ratio Decidendi

Both grandmother and aunt, as people to whom it is important that the child maintains a personal relationship, fall within Article 21 and may bring applications for rights of access.

Court Disposition

Applications by grandmother and aunt for rights of access under Article 21 are allowed; applications to be consolidated.

Orders

  • Applications by grandmother and aunt consolidated; one set of lawyers to act for both.
  • Transcript of judgment to be prepared at public expense and provided to Legal Aid Agency.