In the matter of M (A Child)

In the matter of M (A Child)

The judge was entitled to order the child's return to England without first ascertaining her wishes and feelings, given the urgent need for a proper welfare assessment, the lack of reliable information about her circumstances, and the father's evasive conduct. The order does not disrespect the child's right to be heard but enables her views to be obtained meaningfully in the UK.

Parties
Applicant: Father; Respondent: Local Authority; Respondent: Children’s Guardian; Interested Party: Mother
Jurisdiction
England and Wales
Judgment Date
04 September 2018
Procedural Posture
Family / Application for Permission to Appeal (with Appeal to Follow If Granted)
Outcome
Permission to appeal refused.
Legal Topics
Wardship, Return of Child, Welfare Assessment, Child's Wishes and Feelings, Jurisdiction, Interim Orders
Family Law Child Welfare International Child Law Wardship Return of Child Welfare Assessment Child's Wishes and Feelings Jurisdiction +1 more

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Parties

Father

Applicant

Local Authority

Respondent

Children’s Guardian

Respondent

Mother

Interested Party

Procedural Posture

Family / Application for Permission to Appeal (with Appeal to Follow If Granted)

Legal Issues

  1. 1 Whether the court erred in ordering the immediate return of a child to England without ascertaining her wishes and feelings
  2. 2 Whether the welfare assessment should have been conducted in Thailand or England
  3. 3 Whether the judge gave undue weight to previous return orders

Ratio Decidendi

The judge was entitled to order the child's return to England without first ascertaining her wishes and feelings, given the urgent need for a proper welfare assessment, the lack of reliable information about her circumstances, and the father's evasive conduct. The order does not disrespect the child's right to be heard but enables her views to be obtained meaningfully in the UK.

Court Disposition

Permission to appeal refused.

Orders

  • Current stay lifted.
  • Timetable for return order reinstated with dates postponed by one week.