HR (Parallel Child Abduction and Asylum Proceedings), Re

HR (Parallel Child Abduction and Asylum Proceedings), Re

The mother failed to establish either the Article 13(b) exception (grave risk/intolerable situation) or that the children’s objections under Article 13(2) should prevent their return. The trauma and disruption on return, including possible short-term foster care, do not reach the threshold of intolerability. The children’s objections are given reduced weight as they are based on an unfounded narrative. The policy of the Convention, the children’s nationality, and lack of ties to the UK support return. A return order is made.

Parties
Applicant: A; First Respondent: B; Second and Third Respondents: C and D (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
07 September 2024
Procedural Posture
Family Law / International Child Abduction / Final Judgment After Full Hearing
Outcome
Application for summary return granted; return order made.
Legal Topics
1980 Hague Convention, Child Abduction and Custody Act 1985, Asylum and Immigration, Children's Objections, Protective Measures, Comity, Summary Return
Family Law International Law Child Abduction 1980 Hague Convention Child Abduction and Custody Act 1985 Asylum and Immigration Children's Objections Protective Measures +2 more

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Parties

A

Applicant

B

First Respondent

C and D (by their Children’s Guardian)

Second and Third Respondents

Procedural Posture

Family Law / International Child Abduction / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the children should be summarily returned to the USA under the 1980 Hague Convention
  2. 2 Whether Article 13(b) exception (grave risk/intolerable situation) is established
  3. 3 Whether the children's objections under Article 13(2) justify refusal of return

Ratio Decidendi

The mother failed to establish either the Article 13(b) exception (grave risk/intolerable situation) or that the children’s objections under Article 13(2) should prevent their return. The trauma and disruption on return, including possible short-term foster care, do not reach the threshold of intolerability. The children’s objections are given reduced weight as they are based on an unfounded narrative. The policy of the Convention, the children’s nationality, and lack of ties to the UK support return. A return order is made.

Court Disposition

Application for summary return granted; return order made.

Orders

  • Children A and B to be summarily returned to the USA under the 1980 Hague Convention, subject to further submissions on detailed arrangements.
  • Protective measures to be put in place, including notification to US authorities, father’s undertakings regarding custody and non-prosecution, and provision for short-term foster care if necessary.