The Court of Appeal has on 30 October 2024 handed down an important judgment in the field of international child abduction: R (Child Abduction: Parent’s Refusal to Accompany) [2024] EWCA Civ 1296.
The judgment upheld the first instance decision of Mr David Lock KC (sitting as a Deputy High Court Judge), which had refused a father’s application for the return of three children to France pursuant to the 1980 Hague Convention. The appellant father’s appeal from that order raised a number of issues under Articles 13a and 13b of the Convention.
In its judgment, the Court of Appeal reviewed relevant case-law, and considered the particular issues that may arise when a respondent parent says that they will not accompany their children back to the requesting State in the event that a return order is made.
Jennifer Perrins, leading Elle Tait, instructed by Sarah Inchley of TV Edwards, successfully represented the respondent mother.
The full judgment can be found here