M (Children) (Abduction: Joinder of Children)

M (Children) (Abduction: Joinder of Children)

It is in the best interests of the older children to be joined as parties due to their mature objections, the inadequacy of Cafcass representation following the mother's changed position, and the need for their active participation in proceedings that fundamentally affect them.

Parties
Applicant: XF; Respondent: YM; Interested Party: Older Children
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Child Abduction (hague Convention) / Interlocutory Decision on Joinder of Children as Parties
Outcome
Older children joined as parties to the proceedings; solicitor appointed as their guardian.
Legal Topics
Joinder of Children, Hague Convention, Child Objections, Best Interests of the Child
Family Law International Child Abduction Joinder of Children Hague Convention Child Objections Best Interests of the Child

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Parties

XF

Applicant

YM

Respondent

Older Children

Interested Party

Procedural Posture

Child Abduction (hague Convention) / Interlocutory Decision on Joinder of Children as Parties

Legal Issues

  1. 1 Whether older children should be joined as parties to Hague Convention proceedings
  2. 2 Adequacy of representation of children's views
  3. 3 Impact of mother's refusal to return to Canada

Ratio Decidendi

It is in the best interests of the older children to be joined as parties due to their mature objections, the inadequacy of Cafcass representation following the mother's changed position, and the need for their active participation in proceedings that fundamentally affect them.

Court Disposition

Older children joined as parties to the proceedings; solicitor appointed as their guardian.

Orders

  • Older children joined as parties to the Hague Convention proceedings.
  • Mr James Netto appointed as solicitor and guardian for the older children.