Seeing the child - postscript

On 6th December 2011 Mostyn J declined to order the return of the children to Poland he accepting that they objected and that his discretion should be exercised in favour of a refusal. He made observations on the circumstances in which it might be appropriate to make a suspended return order and when a return should be refused and the Applicant left to invoke his remedy under Article 11(6-8) of BIIR.

Seeing the Child

On 2nd December 2011 the Court of Appeal delivered judgment in Re J, an the appeal by 3 children against an order for their return to Poland pursuant to the 1980 Hague Convention. The children were 15, 13 and 10. The Court of Appeal allowed the appeal in part on the basis that at that age and in the circumstances of the case the judge should have seen the children himself. Guidance was given on the applicability of the President's Practice Note on  judges seeing children (April 2010).