S v C [2011] EWCA Civ 1385 (02 December 2011)

The CA allowed a Father’s appeal against the refusal the court below to order summary return of his child to Australia. The CA held that the court below had not directed itself correctly as to the impact of the Supreme COurt judgment in Re E.The CA criticised utilisation of paragraph 36 of Re E as directions in Hague Convention cases.