R v M (Hague Convention; Withdrawal of Application and Art. 16 (Parental Responsibility))

R v M (Hague Convention; Withdrawal of Application and Art. 16 (Parental Responsibility))

Permission to withdraw Hague Convention proceedings was granted as all parties agreed and overriding objective was satisfied. Recognition of New Zealand parental responsibility was refused because Article 16(3) only applies to parental responsibility acquired by operation of law, not by judicial intervention, and insufficient evidence was provided to establish parental responsibility under New Zealand law.

Parties
Applicant: R; 1st Respondent: M; 2nd Respondent: MA; 3rd Respondent: DF; 4th Respondent: KF; 5th 6th Respondent: D and K (children)
Jurisdiction
England and Wales
Judgment Date
04 October 2024
Procedural Posture
Hague Convention Child Abduction Proceedings / Judgment After Oral Hearing on Withdrawal and Parental Responsibility Recognition
Outcome
Permission to withdraw application granted; application for recognition of parental responsibility dismissed.
Legal Topics
Hague Convention 1980, Hague Convention 1996, Parental Responsibility, Child Abduction, Jurisdiction, Recognition of Foreign Orders
Family Law Private International Law Hague Convention 1980 Hague Convention 1996 Parental Responsibility Child Abduction Jurisdiction Recognition of Foreign Orders

Case Brief

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Parties

R

Applicant

M

1st Respondent

MA

2nd Respondent

DF

3rd Respondent

KF

4th Respondent

D and K (children)

5th 6th Respondent

Procedural Posture

Hague Convention Child Abduction Proceedings / Judgment After Oral Hearing on Withdrawal and Parental Responsibility Recognition

Legal Issues

  1. 1 Whether applicant may withdraw Hague Convention application
  2. 2 Whether New Zealand parental responsibility should be recognised under Article 16 of the 1996 Hague Convention

Ratio Decidendi

Permission to withdraw Hague Convention proceedings was granted as all parties agreed and overriding objective was satisfied. Recognition of New Zealand parental responsibility was refused because Article 16(3) only applies to parental responsibility acquired by operation of law, not by judicial intervention, and insufficient evidence was provided to establish parental responsibility under New Zealand law.

Court Disposition

Permission to withdraw application granted; application for recognition of parental responsibility dismissed.

Orders

  • Permission granted for withdrawal of Hague Convention application.
  • Application for recognition of New Zealand parental responsibility dismissed.