Janet Broadley and Edward Nicklin (instructing Christopher Hames KC and Jonathan Evans of 4PB) represented the appellant mother in the Court of Appeal case of P (A Child) (Abduction: Child’s Objections).
The appeal concerned a decision by the High Court not to order the return of the parties’ 15-year-old son to Romania. The child had been unlawfully retained in England by his father following an agreed holiday, and the mother had applied for a summary return under the provisions of the 1980 Hague Convention. It was accepted that the child objected to returning to Romania, and the High Court judge exercised his discretion not to make a return order at first instance.
The appeal was allowed and the Court of Appeal directed that the child be summarily returned. The case offers helpful guidance on the balancing exercise that must be undertaken when a child objects to a return, and highlights the need to carefully weigh the importance of 1980 Hague Convention policy considerations against a child’s objections. The case also offers a reminder of the care that needs to be taken when a judge decides to meet with a child, and the need to adhere to the same guidance in 1980 Hague Convention cases as in other children proceedings.
