IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE PRINCIPAL REGISTRY OF THE FAMILY DIVISION
(MR JUSTICE RICHARDSON)
Strand London, WC2 |
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B e f o r e :
LORD JUSTICE WALL
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IN THE MATTER OF H (A CHILD) |
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MR S COBB QC (instructed by Messrs Reynolds Porter Chamberlain, LONDON, E1W 1AA) appeared on behalf of the Respondent.
MR K COLLINS (instructed by Messrs Osmond Gaunt & Rose, LONDON, N3 1DH) appeared on behalf of the Respondent.
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"I was advised to have my own lawyer, and at first I wasn't too sure about it, but I spoke to him, and he explained everything to me."
"The Convention is intended to provide a simple and summary procedure for returning to their country of habitual residence children who have been wrongfully removed from it. The courts would not be true to the letter or the spirit of the Convention if they allowed applications to become bogged down in protracted hearings and investigations. While I accept that there is jurisdiction to permit the children to be joined as parties it would very rarely be right to exercise it, and compelling grounds would be needed. It is for the judge in the country of habitual residence to decide what is best for the child in the medium and longer term. Ordinarily, therefore, appeals such as that of the mother in this case must be doomed to speedy failure."
Order: Appeal dismissed.