Two judgments were handed down in this case; the first being Madonna’s application under the 1980 Hague Convention for the summary return of Rocco, now 15 years old, to the USA. The first judgment reviewed the principles to be applied when considering whether to make a child a party to proceedings under the Convention.
The second judgment considered whether Madonna could withdraw her application. The issues for the court to determine were:
i. whether permission is required to withdraw an application under the 1980 Hague Convention and, if so, the test for permission
ii. if such an application is withdrawn, to what extent is the court able to give procedural directions in respect of any potential future applications
iii. what arrangements should be made in respect of the child’s passport at the conclusion of proceedings, and
iv. whether the judgment (and a previous judgment) should be reported and, if so, in what form.
The application to withdraw was granted.
