F (A Child)

F (A Child)

The application for party status/intervention by the child is refused because the case does not meet the high threshold of exceptionality required by established authority; the absence of public law elements and the standard nature of the case do not justify departure from precedent. The obligation to hear the child can be met without granting party status.

Parties
Appellant: Mother; Respondent: Father; Intervener Applicant: Child
Jurisdiction
England and Wales
Judgment Date
27 March 2007
Procedural Posture
Appeal / Application for Permission to Intervene and Extension of Time; Appeal Hearing
Outcome
Application for permission to intervene refused; application for extension of time granted; appeal allowed.
Legal Topics
Hague Convention 1980, Brussels II Revised Regulation, Child's Right to Be Heard, Party Status for Children, Summary Process in Child Abduction Cases
Family Law International Child Abduction Hague Convention 1980 Brussels II Revised Regulation Child's Right to Be Heard Party Status for Children Summary Process in Child Abduction Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mother

Appellant

Father

Respondent

Child

Intervener Applicant

Procedural Posture

Appeal / Application for Permission to Intervene and Extension of Time; Appeal Hearing

Legal Issues

  1. 1 Whether the child should be granted party status/intervener status in Hague Convention proceedings
  2. 2 Whether the trial judge failed to comply with the obligation to hear the child under Article 11 of Brussels II Revised Regulation
  3. 3 Whether the bar for granting party status to a child has been lowered by recent case law

Ratio Decidendi

The application for party status/intervention by the child is refused because the case does not meet the high threshold of exceptionality required by established authority; the absence of public law elements and the standard nature of the case do not justify departure from precedent. The obligation to hear the child can be met without granting party status.

Court Disposition

Application for permission to intervene refused; application for extension of time granted; appeal allowed.

Orders

  • Application for permission to intervene refused
  • Application for extension of time granted