M (Children), Re

M (Children), Re

The judge did not misdirect himself in law or principle; the exercise of discretion was legitimate, and even if the reasoning was brief, the totality of the judgment shows all relevant factors were considered. The appeal is dismissed as the discretionary balance favours return under the Hague Convention.

Parties
Appellant: Plaintiff Father; Respondent: Defendant Mother
Jurisdiction
England and Wales
Judgment Date
12 September 2007
Procedural Posture
Appeal / Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Child Abduction, Hague Convention, Settlement, Children's Objections, Judicial Discretion
Family Law International Law Child Abduction Hague Convention Settlement Children's Objections Judicial Discretion

Case Brief

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Parties

Plaintiff Father

Appellant

Defendant Mother

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the judge correctly exercised discretion to order return of children under the Hague Convention after finding settlement and children's objections
  2. 2 Whether the judge misapplied the test of exceptionality in exercising discretion
  3. 3 Whether the judge gave adequate reasons for the exercise of discretion

Ratio Decidendi

The judge did not misdirect himself in law or principle; the exercise of discretion was legitimate, and even if the reasoning was brief, the totality of the judgment shows all relevant factors were considered. The appeal is dismissed as the discretionary balance favours return under the Hague Convention.

Court Disposition

Appeal dismissed

Orders

  • Children to be returned to Zimbabwe as ordered by the High Court
  • No order as to costs specified