In re M (Children) (Abduction: Child’s Objections)

Subject Matter

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, Sch 1, art 13

[2015] EWCA Civ 26; [2016] Fam 1; [2015] 3 WLR 803; [2015] 2 FLR 1074; [2015] WLR (D) 44, CA

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

[2015] EWCA Civ 26; [2016] Fam 1; [2015] 3 WLR 803; [2015] 2 FLR 1074; [2015] WLR (D) 44, CA