F (Abduction: Acquiescence: Child's Objections)

F (Abduction: Acquiescence: Child's Objections)

The mother did not acquiesce in the wrongful retention of the children in England; her actions were compelled by financial duress imposed by the father, and her intention to seek the children’s return was clear. The children’s views, while expressing a preference to remain in England, did not amount to objections to returning to Australia within the meaning of Article 13. Therefore, the gateway to the exercise of discretion was not open, and the court must order the summary return of the children to Australia.

Parties
Applicant/mother: LF; Respondent/father: JF
Jurisdiction
England and Wales
Judgment Date
02 July 2015
Procedural Posture
Child Abduction (hague Convention) / Judgment After Full Hearing
Outcome
Order for summary return of the children to Australia
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Acquiescence, Child's Objections, Summary Return, Parental Responsibility
Family Law International Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Acquiescence Child's Objections Summary Return Parental Responsibility

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Parties

LF

Applicant/mother

JF

Respondent/father

Procedural Posture

Child Abduction (hague Convention) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the mother acquiesced in the wrongful retention of the children in England
  2. 2 Whether the children object to returning to Australia within the meaning of Article 13 of the Hague Convention
  3. 3 Whether the court should exercise its discretion to refuse summary return

Ratio Decidendi

The mother did not acquiesce in the wrongful retention of the children in England; her actions were compelled by financial duress imposed by the father, and her intention to seek the children’s return was clear. The children’s views, while expressing a preference to remain in England, did not amount to objections to returning to Australia within the meaning of Article 13. Therefore, the gateway to the exercise of discretion was not open, and the court must order the summary return of the children to Australia.

Court Disposition

Order for summary return of the children to Australia

Orders

  • The children are to be returned to Australia forthwith in accordance with Article 12 of the Hague Convention.
  • The court will hear further submissions on the timing and arrangements for return.