MC v SC

MC v SC

All four children are to be joined as parties; C(A) may instruct solicitor of his choice without a litigation friend; the three younger children are to be represented by a guardian ad litem. Separate representation will add to the court’s understanding of the issues under the Hague Convention and is justified by their age, maturity, and the complexity of the case. Welfare and procedural considerations support joinder and representation.

Parties
Plaintiff: MC; Defendant: SC; Intervening: C(A) & Ors (Children)
Jurisdiction
England and Wales
Judgment Date
14 March 2008
Procedural Posture
Originating Summons / Ruling on Joinder and Representation of Children
Outcome
Application granted
Legal Topics
Hague Convention, Joinder of Parties, Separate Representation of Children, Habitual Residence, Welfare Principle
Family Law International Child Abduction Hague Convention Joinder of Parties Separate Representation of Children Habitual Residence Welfare Principle

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Parties

MC

Plaintiff

SC

Defendant

C(A) & Ors (Children)

Intervening

Procedural Posture

Originating Summons / Ruling on Joinder and Representation of Children

Legal Issues

  1. 1 Should four children be joined as parties to Hague Convention and inherent jurisdiction proceedings?
  2. 2 Should the children be separately represented, and under what legal tests?
  3. 3 Does the Convention apply to a 16-year-old child?

Ratio Decidendi

All four children are to be joined as parties; C(A) may instruct solicitor of his choice without a litigation friend; the three younger children are to be represented by a guardian ad litem. Separate representation will add to the court’s understanding of the issues under the Hague Convention and is justified by their age, maturity, and the complexity of the case. Welfare and procedural considerations support joinder and representation.

Court Disposition

Application granted

Orders

  • All four children (C(A), C(B), D, P) are joined as parties to the proceedings.
  • C(A) may instruct solicitor of his own choice without a litigation friend.