De Andrade v De Andrade [2015] EWFC 76 (11 June 2015)

De Andrade v De Andrade [2015] EWFC 76 (11 June 2015)

The mother's defence of consent was not made out on her own evidence; there was no consent by the father to the children living long-term in England. The grave risk and children's objections defences also failed. Therefore, in principle, the children must be returned to Portugal forthwith under the Hague Convention.

Citation
[2015] EWFC 76
Parties
Applicant / Father: Paulo de Andrade; Respondent / Mother: Carla de Andrade
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing and Judgment
Outcome
Order for return of the children to Portugal by consent, with provision for mediation and possible non-enforcement if agreement reached.
Legal Topics
International Child Abduction, Hague Convention, Child Custody, Wrongful Retention, Consent, Grave Risk Exception, Children's Objections
Family Law International Law International Child Abduction Hague Convention Child Custody Wrongful Retention Consent Grave Risk Exception +1 more

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Parties

Paulo de Andrade

Applicant / Father

Carla de Andrade

Respondent / Mother

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children were wrongfully retained in England under the Hague Convention
  2. 2 Whether the father consented to the children remaining in England
  3. 3 Whether returning the children to Portugal would expose them to grave risk of harm

Ratio Decidendi

The mother's defence of consent was not made out on her own evidence; there was no consent by the father to the children living long-term in England. The grave risk and children's objections defences also failed. Therefore, in principle, the children must be returned to Portugal forthwith under the Hague Convention.

Court Disposition

Order for return of the children to Portugal by consent, with provision for mediation and possible non-enforcement if agreement reached.

Orders

  • The children must return to Portugal not later than 22 July 2015.
  • The father agrees in principle to the children remaining in England if a contact order is agreed via mediation.