AVH v SI & Anor (By Judith Bennett-Hernandez As Her Guardian)

AVH v SI & Anor (By Judith Bennett-Hernandez As Her Guardian)

S was wrongfully removed from Mexico, her habitual residence, in breach of the mother's custody rights. S objects to return and is of sufficient age and maturity for her views to be taken into account. However, after weighing her objections against other welfare considerations and the objectives of the Hague Convention, the court finds that the balance of factors clearly points to ordering her return to Mexico at this time.

Parties
Applicant (mother): AVH; Respondent (father): SI; Respondent (child): SIV (by Judith Bennett-Hernandez as guardian)
Jurisdiction
England and Wales
Judgment Date
04 September 2014
Procedural Posture
Child Abduction Summary Return Application / Judgment After Full Hearing
Outcome
Application for summary return granted
Legal Topics
Hague Convention 1980, Child's Objections, Habitual Residence, Summary Return, Welfare of the Child
Family Law International Child Abduction Hague Convention 1980 Child's Objections Habitual Residence Summary Return Welfare of the Child

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 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

AVH

Applicant (mother)

SI

Respondent (father)

SIV (by Judith Bennett-Hernandez as guardian)

Respondent (child)

Procedural Posture

Child Abduction Summary Return Application / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the removal of S from Mexico was wrongful under the Hague Convention
  2. 2 Whether S objects to return and has attained sufficient age and maturity
  3. 3 How the court should exercise its discretion under Article 13 of the Hague Convention

Ratio Decidendi

S was wrongfully removed from Mexico, her habitual residence, in breach of the mother's custody rights. S objects to return and is of sufficient age and maturity for her views to be taken into account. However, after weighing her objections against other welfare considerations and the objectives of the Hague Convention, the court finds that the balance of factors clearly points to ordering her return to Mexico at this time.

Court Disposition

Application for summary return granted

Orders

  • S is to be returned forthwith to Mexico