In re S (A Child) (Abduction: Hearing the Child)

Subject Matter

CHILDREN — Custody rights — Breach — Mother removing child from Russia without father’s consent — Father applying for return of child to Russia — Judge exercising inherent jurisdiction to hear application — Judge failing to consider whether child should be heard and ordering return — Whether obligation under inherent jurisdiction to consider whether and how to hear from child — Child Abduction and Custody Act 1985, Sch 1, art 12 — Human Rights Act 1998, Sch 1, Pt I, arts 6, 8 — Council Regulation (EC) No 2201/2003, art 11(2)

[2014] EWCA Civ 1557; [2015] Fam 263; [2015] 3 WLR 10; [2014] WLR (D) 522, CA