In the matter of S (A Child)
The judge erred in summarily dismissing the Hague Convention application at a directions hearing without allowing the applicant to file further evidence; such summary dismissal is only justified in truly exceptional cases, and the circumstances here did not warrant it.
- Parties
- Applicant: Mother; Respondent: Father
- Jurisdiction
- England and Wales
- Judgment Date
- 21 June 2018
- Procedural Posture
- Appeal / Judgment on Appeal Against Summary Dismissal at Directions Hearing
- Outcome
- Appeal allowed; summary dismissal set aside; application restored for further directions.
- Legal Topics
- Hague Convention, Habitual Residence, Summary Dismissal, Case Management, Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Mother
Applicant
Father
Respondent
Procedural Posture
Appeal / Judgment on Appeal Against Summary Dismissal at Directions Hearing
Legal Issues
- 1 Whether summary dismissal of a Hague Convention application at a directions hearing was appropriate
- 2 Whether the judge was correct to conclude the Convention was not engaged based only on solicitor's statement
- 3 Whether the judge should have adjourned to allow further evidence
Ratio Decidendi
The judge erred in summarily dismissing the Hague Convention application at a directions hearing without allowing the applicant to file further evidence; such summary dismissal is only justified in truly exceptional cases, and the circumstances here did not warrant it.
Court Disposition
Appeal allowed; summary dismissal set aside; application restored for further directions.
Orders
- Mother's application under the Hague Convention restored for further directions.
Full Case Text
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