This judgment is being handed down in private on 17 January 2013. It consists of 81 paragraphs and has been signed and dated by the judge. The judge hereby gives leave for it to be reported.
The judgment is being distributed on the strict understanding that in any report no person other than the advocates or the solicitors instructing them (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the child KL and of the adult the other child members of his family must be strictly preserved.
Sir Peter Singer: (Signed) Peter Singer
1. I am concerned with applications to decide whether a young boy KL currently living in West London with his mother EL (M) should be removed to San Antonio, Texas, where his father DL (F) has his home. KL is six and is the only child born to these two parents. F seeks an order that he return forthwith to that jurisdiction in twin proceedings heard conjointly under the Child Abduction and Custody Act 1985 (which incorporates into English law the key provisions of the 1980 Hague Convention on the Civil Aspects of International Child Abduction) or alternatively pursuant to the inherent jurisdiction of the English High Court. When in this judgment I refer to 'Hague' or to 'the Convention' I mean that 1980 Convention unless from the context otherwise appears.
2. The legal considerations underlying, in particular, the Hague applications are complex both in the forensic background which precedes them and in the legal arguments skilfully deployed by counsel who have represented the parties in these proceedings, Mr Richard Harrison QC and Miss Jennifer Perrins for F and Mr Henry Setright QC and Mr Michael Gration for M. If this judgment is reported I suggest that it should be so as DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal).