In the matter of the Child Y
The mother has already been afforded a short-term stay to pursue her interim application in Romania. There is insufficient evidence that refusal of a further stay would stifle her appeal or cause injustice. The welfare concerns raised are not substantiated, and the return order aligns with the Convention’s objectives. Therefore, the application for a further stay is refused.
- Parties
- Applicant: S; Respondent: V
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2023
- Procedural Posture
- Child Abduction (hague Convention) / Application for Stay of Return Order
- Outcome
- Application for stay refused
- Legal Topics
- International Child Abduction, Stay of Execution, Hague Convention, Child Custody
Case Brief
Summary, issues, holding and outcome
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Parties
S
Applicant
V
Respondent
Procedural Posture
Child Abduction (hague Convention) / Application for Stay of Return Order
Legal Issues
- 1 Whether a stay of the return order should be granted pending appeal in Romania
- 2 Whether refusal of stay would stifle the mother's appeal or cause injustice
- 3 Impact of return on child's welfare and school placement
Ratio Decidendi
The mother has already been afforded a short-term stay to pursue her interim application in Romania. There is insufficient evidence that refusal of a further stay would stifle her appeal or cause injustice. The welfare concerns raised are not substantiated, and the return order aligns with the Convention’s objectives. Therefore, the application for a further stay is refused.
Court Disposition
Application for stay refused
Orders
- Mother’s application for stay is refused
- Mr Rees KC’s return order is reconfirmed
Full Case Text
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