C v B

C v B

The English court is bound by the German court's findings of habitual residence and lack of consent; none of the father's defences (consent, child's objections, grave risk of harm) are established to the required legal standard; summary return is mandatory.

Parties
Applicant Mother: C; Respondent Father: B
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Child Abduction Summary Return / Final Judgment
Outcome
Order for summary return of children to Germany granted.
Legal Topics
Habitual Residence, Summary Return, Defences to Return, Parental Consent, Child's Objections, Grave Risk of Harm
Family Law International Child Abduction Habitual Residence Summary Return Defences to Return Parental Consent Child's Objections Grave Risk of Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C

Applicant Mother

B

Respondent Father

Procedural Posture

Child Abduction Summary Return / Final Judgment

Legal Issues

  1. 1 Whether the children should be summarily returned to Germany under the Child Abduction and Custody Act and Hague Convention
  2. 2 Whether any valid defence to return exists under the Convention

Ratio Decidendi

The English court is bound by the German court's findings of habitual residence and lack of consent; none of the father's defences (consent, child's objections, grave risk of harm) are established to the required legal standard; summary return is mandatory.

Court Disposition

Order for summary return of children to Germany granted.

Orders

  • Mother to collect children on Saturday and return them to Germany on Sunday.