EUPillar In the Matter of S (a Child) [2009] EWCA Civ 1471

Summary

An Italian order for the child’s return was registered in February 2009. The mother appealed. A procedural point was dealt with in June 2009. The case was remitted to a judge in the Family law division. The case was heard in October, the mother’s application was dismissed by Mr Justice Sumner. This was an appeal against Mr Justice Sumner’s orders. The application for a stay of orders, which were made by Mr Justice Sumner, was dismissed by the Court of Appeal. Lord Justice Thorpe held: “5 [...] in a child case a stay would be granted on a return to enable the Court of Appeal at least to assess the application for permission, I have reached the clear conclusion that this application should be refused. It is because essentially the issue is one for Milan, and the Milan judge has the reins in his hands. Furthermore, it does seem to me that if the mother really expected to obtain from this court exceptional release from compliance, it was crucial that she came to this court expeditiously and made it plain to the office staff that it had to be referred immediately to a judge of the court to ensure that whatever she sought to pursue in this court was immediately assessed and judged.” [5].