C v M & Anor

Ms Ruth Kirby KC and Ms Cameron-Douglas (instructed by The International Family Law Group LLP) for the Applicant Mr Mark Jarman KC and Mr Mani Basi (instructed by Dawson Cornwell ) for the 1st Respondent Ms Charlotte Baker (instructed by Goodman Ray) for the 2nd Respondent Hearing dates: 4 and 5 May 2023 Judgment date: 18 May 2023 ____________________

"29. As regards Article 13 b the leading decisions are Re E (Children)(Abduction: Custody Appeal) [2012] 1 AC 144 and Re S (A Child) (Abduction: Rights of Custody) [2012] UKSC 10 . In Re E Baroness Hale made clear at paragraphs 31- 37:

Turning to the issue regarding child's objections the leading judgment is Re M (Children)(Republic of Ireland) (Child's Objections) (Joinder of Children as Parties to Appeal) [2015] 2 FLR 1074 helpfully summarised by MacDonald J in H v K (Return Order) [2017] EWHC 1141 (Fam) at paragraphs 46 � 47:

"46. The law on the 'child's objection' defence under Art 13 of the Convention is comprehensively set out in the judgment of Black LJ in��Re M (Republic of Ireland) (Child's Objections) (Joinder of Children as Parties to Appeal) [2015] 2 FLR 1074 �(and endorsed by the Court of Appeal�in�Re F (Child's Objections) [2015] EWCA Civ 1022 )� and I have regard to the clear guidance given in that case. In summary, the position is as follows:

(i) The gateway stage should be confined to a straightforward and fairly robust examination of whether the simple terms of the Convention are satisfied in that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of his or her views.