LAB v KB (Abduction: Brussels II Revised)

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MISS L. MEYER QC and MR. R. HADLEY (instructed by Parkinson Wright) appeared on behalf of the Applicant/Appellant. MR. H. SETRIGHT Q.C. and MR. D. WILLIAMS (instructed by Reynolds Porter Chamberlain) appeared on behalf of the Respondent. ____________________

I do not pretend to here cover the full range of the detailed criticisms of the judgment, but have isolated the two principal objections to it.

It is suggested also, from passages which follow later at page C36, that the children may well have been speaking Spanish although, as I shall later record, the children now cast some doubt on this proposition.

Miss Meyer says that the children's voice should be heard throughout these proceedings, including, crucially here, the recognition and, separately from that, the enforcement stage if the latter becomes relevant. It is thus necessary to order, she says, a CAFCASS report with specific reference, but not exclusive reference, to the wishes and feelings of the children now, two years having passed since the making of the operative residence order in Spain before I refuse the appeal, if indeed I do refuse it, and/or if I refuse it in relation to registration, before ordering enforcement.