H (A Child: Summary Return: Child's Objections), Re [2012] EWHC B32 (Fam) (05 November 2012)

H (A Child: Summary Return: Child's Objections), Re [2012] EWHC B32 (Fam) (05 November 2012)

The court found that H objects to being returned to the USA, that he has attained an age and degree of maturity at which it is appropriate to take account of his views, and that his objections are real, rational, and not so tainted by influence as to be unreliable. The court exercised its discretion under Article 13 to refuse summary return, holding that in this case the child's objections are determinative and sufficient to displace the presumption in Article 12.

Citation
[2012] EWHC B32 (Fam)
Parties
Applicant Father: KH; Respondent Mother: SH
Jurisdiction
England and Wales
Judgment Date
05 November 2012
Procedural Posture
Hague Convention Child Abduction Summary Return Application / Judgment After Contested Hearing
Outcome
Application for summary return refused
Legal Topics
International Child Abduction, Hague Convention, Child's Objections, Summary Return, Parental Responsibility
Family Law International Law International Child Abduction Hague Convention Child's Objections Summary Return Parental Responsibility

Case Brief

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Parties

KH

Applicant Father

SH

Respondent Mother

Procedural Posture

Hague Convention Child Abduction Summary Return Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the child objects to being returned to the USA under Article 13 of the Hague Convention
  2. 2 Whether the child has attained an age and degree of maturity at which it is appropriate to take account of his views
  3. 3 Whether the court should exercise its discretion to refuse summary return based on the child's objections

Ratio Decidendi

The court found that H objects to being returned to the USA, that he has attained an age and degree of maturity at which it is appropriate to take account of his views, and that his objections are real, rational, and not so tainted by influence as to be unreliable. The court exercised its discretion under Article 13 to refuse summary return, holding that in this case the child's objections are determinative and sufficient to displace the presumption in Article 12.

Court Disposition

Application for summary return refused

Orders

  • The father's application for the summary return of H to the USA is dismissed.