EUPillar Re M (Republic of Ireland) (Child’s Objections) (Joinder of Children as Parties to Appeal) [2015] EWCA Civ 26

Summary

The child abduction proceedings were in respect of three children, aged 6-13. There was an application from the father for a return of the children to Ireland. The parties to the High Court proceedings were the father and the mother. On 18 June 2014, Mrs Justice Roberts ordered the children’s return. This was an appeal against her judgment. An elder brother, aged 17, joined the Court of Appeal proceedings. The appeal was allowed, and the father’s application was dismissed. It was held that: “137 To my mind, having weighed up the various factors that are relevant, there are strong reasons to exercise the discretion not to order the return of J to Ireland, particularly in light of his age, his fears, the strength of his objections, and his emotional vulnerability. The case is perhaps less obviously compelling in relation to T, but having reached that conclusion in relation to J, I would not consider it appropriate to exercise the discretion differently in this case in relation to him, particularly when the consequence would be that he would have to leave behind both of his elder brothers to make the return to which he too is opposed. As I indicated earlier, I do not propose to determine I's position in the context of her objections. As I have said, it seems to me self-evident that if none of her brothers are returning, it would place her in an intolerable (and to her probably unintelligible) situation if she were to be returned.” [137]