C v V

C v V

Both boys are of sufficient age and maturity for their views to be considered, but their objections are not authentically their own and have likely been influenced by the father. There is no grave risk of harm or intolerable situation that cannot be addressed by protective measures and undertakings, including the removal of S from the home. The balance of risk and Convention policy requires return to Spain for the Spanish court to determine their future.

Parties
Applicant Mother: C; 1st Respondent Father: V; 2nd Respondent: LV; 3rd Respondent: BV
Jurisdiction
England and Wales
Judgment Date
15 March 2016
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Return ordered
Legal Topics
Child Abduction, Hague Convention, Child's Objections, Grave Risk of Harm, Protective Measures
Family Law International Law Child Abduction Hague Convention Child's Objections Grave Risk of Harm Protective Measures

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Parties

C

Applicant Mother

V

1st Respondent Father

LV

2nd Respondent

BV

3rd Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the children should be returned to Spain under the Hague Convention given their objections and alleged risk of harm
  2. 2 Whether the objections of the children are authentic and sufficiently mature to be determinative
  3. 3 Whether there is a grave risk of harm or intolerable situation if returned

Ratio Decidendi

Both boys are of sufficient age and maturity for their views to be considered, but their objections are not authentically their own and have likely been influenced by the father. There is no grave risk of harm or intolerable situation that cannot be addressed by protective measures and undertakings, including the removal of S from the home. The balance of risk and Convention policy requires return to Spain for the Spanish court to determine their future.

Court Disposition

Return ordered

Orders

  • Both boys to be returned to Spain forthwith under the Hague Convention.
  • Protective measures to be put in place, including S to leave the family home and alternative accommodation to be available if necessary.