S (A Child) (Abduction: Hearing the Child)
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE TOMLINSON
- LADY JUSTICE KING
Areas of Law
- Family Law
- Human Rights Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
A high-profile family law case involving a seven-year-old girl whose parents are Russian nationals was reviewed. The High Court initially ordered her return to Russia, but the appeal focused on whether her views and welfare were appropriately considered. The appeal was allowed, setting aside the return order and remitting the matter for reconsideration by another judge.
Judgment
Lord Justice Ryder:
A is a seven year old girl whose parents are nationals of the Russian Federation. They were married in 2006, separated in 2009 and divorced in 2010. On 11 September 2014 on the application of A’s father, Hogg J made an order in the inherent jurisdiction of the High Court for the summary return of A to Russia. The order was opposed by A’s mother. This is the mother’s appeal against that order.
At the conclusion of the hearing on 30 October 2014 the court allowed the appeal, set aside the order and remitted the application to be determined by another judge of the Family Division of the High Court who is available to give directions and hear the application before the end of December this year. These are my reasons for concurring in that decision.
The background circumstances are these. A was born in this jurisdiction as the result of a decision by her parents to come here for medical treatment. The family returned to Russia shortly after A’s birth. The parties’ subsequent separation has not been easy and the Moscow court is seized of cross applications for residence. At present those proceedings are ‘suspended’ pending a psychological assessment of the child and of the parents. Both parents are engaged in that process and both were represented by lawyers at a hearing on 29 August 2014 when that case management step was directed.
Approximately three years ago A’s mother formed a new relationship with a man, Mr B, with whom she subsequently lived in Moscow together with A. Mr B is a political activist. His flat was raided by the authorities in March 2014 and there had been what were described to the judge as ‘previous difficulties’ because the authorities there were not happy with his activities. On 26 April 2014 he came to the United Kingdom where he has remained. On 23 May 2014 criminal charges were laid against him in Russia which he says are politically motivated. Mr B claimed asylum on 25 July 2014 and a decision of the Secretary of State is awaited on that claim.
On 28 April 2014, that is two days after Mr B arrived, A and her mother arrived in the United Kingdom. The reason for the visit was said to be because mother was pregnant with Mr B’s child. Mr B and mother had decided to go to the obstetrician in London who had been consulted regarding A’s birth. A baby boy was born on 18 May 2014 in London. Mother’s evidence to the court was consistent in stating that it was always her intention to return after the birth to Mo