Re A and B (Children) (Summary Return: Non-Convention State)

Re A and B (Children) (Summary Return: Non-Convention State)

The judge was entitled to make a summary welfare determination without a fact-finding hearing on domestic abuse allegations, having sufficiently considered all relevant factors, including the absence of relocation jurisdiction, children's wishes, and protective measures. The welfare analysis was not materially flawed and the summary return order was justified.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Return, Non Convention State, Domestic Abuse, Child Welfare, Relocation, Fact Finding Hearing
Family Law International Child Abduction Summary Return Non Convention State Domestic Abuse Child Welfare Relocation Fact Finding Hearing

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge failed to comply with guidance in Re NY and Practice Direction 12J regarding domestic abuse allegations
  2. 2 Whether a fact-finding hearing was required before ordering summary return to a non-Convention State
  3. 3 Whether the welfare analysis was flawed, including consideration of relocation jurisdiction and children's wishes

Ratio Decidendi

The judge was entitled to make a summary welfare determination without a fact-finding hearing on domestic abuse allegations, having sufficiently considered all relevant factors, including the absence of relocation jurisdiction, children's wishes, and protective measures. The welfare analysis was not materially flawed and the summary return order was justified.

Court Disposition

Appeal dismissed

Orders

  • Summary return order upheld
  • Return of children to Dubai in care of mother