YS v MN (Summary return to Algeria)

This judgment was delivered in private.� The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved.� All persons, including representatives of the media, must ensure that this condition is strictly complied with.� Failure to do so will be a contempt of court.

These proceedings were listed before me on 18 October 2017, with a time estimate of one day.� There was insufficient time to deliver judgment.� The matter was therefore listed today.

This is the final hearing of the mother�s application for summary return of the parties� son to Algeria.� She made the application on 6 September, and the case was heard on a without notice basis by Russell J on 7 September.

Russell J made the child, a boy aged three years, a ward of court, made a location order and gave directions for filing evidence. Provision for contact between the mother and child was made by Holman J on 18 September.

Miss Chaudhry, acting on behalf of the mother, sought a summary return order.� Miss Fox, on behalf of the father, asked me to hear the parties� oral evidence on the issue of �consent�.� I stress that this was not on the basis of some legally erroneous application of Hague Convention principles to a non-Hague Convention case, but on the basis of how the child came to be in England and whether that was due to a welfare based decision and agreement by both his parents.