KP, Re

KP, Re

The judge erred by conducting an extensive, probing meeting with the child, which crossed the line from hearing the child's views to gathering evidence, contrary to established guidelines and principles of a fair trial. The material obtained during this meeting was pivotal to the judge's decision and contaminated the analysis, requiring the decision to be set aside.

Parties
Subject Child: KP (A child); Appellant: Mother (Appellant); Respondent: Father (First Respondent)
Jurisdiction
England and Wales
Judgment Date
01 May 2014
Procedural Posture
Hague Convention Child Abduction Appeal / Appeal From High Court Family Division Decision
Outcome
Appeal allowed; High Court order set aside; case remitted for rehearing
Legal Topics
Child Abduction, Hague Convention, Children's Objections, Judicial Meetings With Children, Article 13(b) Exception
Family Law International Law Child Abduction Hague Convention Children's Objections Judicial Meetings With Children Article 13(b) Exception

Case Brief

Summary, issues, holding and outcome

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Parties

KP (A child)

Subject Child

Mother (Appellant)

Appellant

Father (First Respondent)

Respondent

Procedural Posture

Hague Convention Child Abduction Appeal / Appeal From High Court Family Division Decision

Legal Issues

  1. 1 Whether the judge erred by conducting and relying upon an extensive meeting with the child during Hague Convention proceedings
  2. 2 Whether the judge's process for hearing the child's objections was compatible with the Guidelines for Judges Meeting Children and principles of a fair trial
  3. 3 Whether the judge improperly gathered evidence from the child during the meeting

Ratio Decidendi

The judge erred by conducting an extensive, probing meeting with the child, which crossed the line from hearing the child's views to gathering evidence, contrary to established guidelines and principles of a fair trial. The material obtained during this meeting was pivotal to the judge's decision and contaminated the analysis, requiring the decision to be set aside.

Court Disposition

Appeal allowed; High Court order set aside; case remitted for rehearing

Orders

  • The appeal is allowed.
  • The order for the return of K to Malta is set aside.