Re P (Abduction: Child's Objections)
It was not in P's best interests to be joined as a party because his views were fully and independently presented to the court through the Cafcass officer and the evidence available. The judge properly exercised his discretion in ordering return, giving adequate consideration to P's objections and all relevant factors. The appeal is dismissed.
- Parties
- Proposed Appellant: P (the oldest child); Respondent: Father; Mother/respondent: Mother
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2020
- Procedural Posture
- Appeal / Judgment on Appeal From High Court (family Division)
- Outcome
- Appeal dismissed
- Legal Topics
- Child Abduction, Hague Convention 1980, Child's Objections, Return Orders, Joinder of Children as Parties
Case Brief
Summary, issues, holding and outcome
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Parties
P (the oldest child)
Proposed Appellant
Father
Respondent
Mother
Mother/respondent
Procedural Posture
Appeal / Judgment on Appeal From High Court (family Division)
Legal Issues
- 1 Whether the oldest child (P) should have been joined as a party to the proceedings below
- 2 Whether the judge was wrong to order P's return to Germany despite his objections
Ratio Decidendi
It was not in P's best interests to be joined as a party because his views were fully and independently presented to the court through the Cafcass officer and the evidence available. The judge properly exercised his discretion in ordering return, giving adequate consideration to P's objections and all relevant factors. The appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Application for P to be joined as a party is refused
- Order for return of the children to Germany is upheld
Full Case Text
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