AJ v JJ & Ors

AJ v JJ & Ors

The appeal was allowed because the trial judge failed to make a clear finding on the children's objections to return, which was the primary issue, and did not properly exercise discretion under Article 13 of the Hague Convention. The case was remitted for a rehearing with directions to expedite proceedings and ensure the children are properly engaged and informed.

Parties
Appellant: AJ; 1st Respondent: JJ; Interveners: KJ, JAJ, JUJ (by their solicitor NH)
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Family Law Child Abduction / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Child Abduction, Hague Convention 1980, Children's Objections, Return Orders, Brussels II Revised
Family Law International Law Child Abduction Hague Convention 1980 Children's Objections Return Orders Brussels II Revised

Case Brief

Summary, issues, holding and outcome

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Parties

AJ

Appellant

JJ

1st Respondent

KJ, JAJ, JUJ (by their solicitor NH)

Interveners

Procedural Posture

Family Law Child Abduction / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in failing to make a clear finding on the children's objections to return under the Hague Convention
  2. 2 Whether the judge should have ordered separate representation for the children or met with them directly
  3. 3 Proper exercise of judicial discretion under Article 13 of the Hague Convention

Ratio Decidendi

The appeal was allowed because the trial judge failed to make a clear finding on the children's objections to return, which was the primary issue, and did not properly exercise discretion under Article 13 of the Hague Convention. The case was remitted for a rehearing with directions to expedite proceedings and ensure the children are properly engaged and informed.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • Remitted hearing to be listed in the week commencing 5 December
  • Remitted hearing to be conducted without further oral evidence