Non-Convention Issues
The application was not strictly brought under the Hague Convention but was clearly related to it and aimed to enforce the rights protected and granted under the Convention.
The Court found they were obliged to consider the short-term interests of the child and held that it would be potentially detrimental to the child should the return order be enforced before the appeal before the SCA was decided.
The Court also took into consideration that enforcing the return order would require a long flight in the context of the COVID-19 pandemic and for the child to quarantine in a hotel room alone with her father for at least 10 days upon her arrival in the UK.
