The Weekly Law Reports
[2015] 3 WLR 803
Court of Appeal
In re M and others (Children) (Abduction: Child’s Objections)
[2015] EWCA Civ 26
2014 Nov 4,
5;
2015 Jan 27
Richards, Black, Ryder LJJ
Children— Custody rights— Breach— Mother wrongfully removing children habitually resident in Irish Republic to England— Father applying for return of children— Correct approach to determining whether court having discretion to decline return order because child objecting to being returned and having attained age and degree of maturity at which appropriate to take account of child’s views— Factors relevant to exercise of discretion— Whether to be exercised—
Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13
Practice— Parties— Joinder— Father applying for return of children wrongfully removed by mother from state of habitual residence— Joinder of children as parties to proceedings first sought on appeal to Court of Appeal— Procedure to be followed on joinder of children at appeal stage— Whether children correctly joined—
CPR
rr 19.1, 52.1
—
Practice Direction 16A supplementing FPR
Pt 16