A Mother v A Father & Ors

A Mother v A Father & Ors

The applicant acquiesced in X's removal from France by her conduct and agreement in the period following 14 December 2022. Both children object to being returned to France and are of sufficient age and maturity for their views to be taken into account. Returning Y alone would place him at grave risk of psychological harm due to sibling separation. The court exercises its discretion to refuse the summary return of both children to France.

Parties
Applicant: A Mother; First Respondent: A Father; Second Respondent: A Girl; Third Respondent: A Boy (By his CAFCASS Guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Hague Convention Child Abduction (summary Return) / Final Judgment After Rehearing Following Set Aside of Prior Consent Order
Outcome
Application for summary return of the children to France dismissed.
Legal Topics
Child Abduction, Hague Convention 1980, Habitual Residence, Acquiescence, Grave Risk of Harm, Child's Objections, Sibling Separation
Family Law International Law Child Abduction Hague Convention 1980 Habitual Residence Acquiescence Grave Risk of Harm Child's Objections +1 more

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Parties

A Mother

Applicant

A Father

First Respondent

A Girl

Second Respondent

A Boy (By his CAFCASS Guardian)

Third Respondent

Procedural Posture

Hague Convention Child Abduction (summary Return) / Final Judgment After Rehearing Following Set Aside of Prior Consent Order

Legal Issues

  1. 1 Whether the applicant acquiesced in the removal of the children from France under Article 13(a) of the Hague Convention
  2. 2 Whether there is a grave risk of harm or intolerability to either child if returned to France under Article 13(b)
  3. 3 Whether the children object to being returned and have attained sufficient age and maturity under Article 13

Ratio Decidendi

The applicant acquiesced in X's removal from France by her conduct and agreement in the period following 14 December 2022. Both children object to being returned to France and are of sufficient age and maturity for their views to be taken into account. Returning Y alone would place him at grave risk of psychological harm due to sibling separation. The court exercises its discretion to refuse the summary return of both children to France.

Court Disposition

Application for summary return of the children to France dismissed.

Orders

  • The application for an order returning X and Y to the Republic of France is dismissed.
  • The parties are to draft an order to give effect to the judgment.