A and D (Children), Re

LORD JUSTICE WILSON LORD JUSTICE MUNBY and MR JUSTICE COLERIDGE ____________________

Mr Stephen Cobb QC and Miss Alev Giz (instructed by Tanner and Taylor) for the Appellant (mother) Mr Richard Clough (instructed by Truemans) for the Respondent (father) Hearing date : 18 November 2010 ____________________

That no doubt reflected the way in which the arguments had been put, though it is not, as we shall see, an entirely accurate statement of the effect of the 1986 Act.

There is, and can be, no suggestion that the President misdirected himself in law. What are under challenge are his findings of fact.

i) The President failed to consider that the agreement was in any event conditional upon the return of the children in February 2009. Linked to this are the submissions, first, that there was no evidence upon which the President could find that there was no fixed date for the twins' return and that the arrangement was an open ended one, the parents being uncertain about where the family would ultimately reside, and, second, that there was no permissible basis for a finding � plainly wrong, Mr Cobb submits � that the twins' return was dependent upon their parents' situation.