B (A Child)

B (A Child)

The court found that insufficient weight may have been given to the public law element in the case, justifying further consideration of separate representation for the child.

Parties
Applicant: Z (a child); Respondent: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
18 December 2007
Procedural Posture
Family Law Child Abduction (hague Convention) / Application for Permission to Appeal (adjourned for Oral Hearing)
Outcome
Application for permission to appeal adjourned for further oral hearing on notice to the parties.
Legal Topics
Separate Representation of Child, Hague Convention, Public Law Element in Child Abduction Cases
Family Law International Child Abduction Separate Representation of Child Hague Convention Public Law Element in Child Abduction Cases

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Parties

Z (a child)

Applicant

Mother

Respondent

Father

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Application for Permission to Appeal (adjourned for Oral Hearing)

Legal Issues

  1. 1 Whether the child Z should be granted separate legal representation in Hague Convention proceedings

Ratio Decidendi

The court found that insufficient weight may have been given to the public law element in the case, justifying further consideration of separate representation for the child.

Court Disposition

Application for permission to appeal adjourned for further oral hearing on notice to the parties.

Orders

  • Application adjourned for oral hearing.
  • Appeal to follow if permission granted.