A v B (Abduction: Article 13(b) and Child Objections)

A v B (Abduction: Article 13(b) and Child Objections)

Mother failed to establish grave risk of harm or intolerable situation under Article 13(b); protective measures and Spanish authorities are sufficient. Only W objects to return, but policy and welfare factors outweigh his objections. Order for summary return of all children to Spain.

Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
28 March 2023
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Order for summary return of children to Spain
Legal Topics
Hague Convention 1980, Article 13(b), Child Objections, Protective Measures, Parental Conflict, Domestic Abuse, Custody, Summary Return
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Child Objections Protective Measures Parental Conflict Domestic Abuse +2 more

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Parties

A

Applicant

B

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether return of children to Spain exposes them to grave risk of harm or intolerable situation under Article 13(b)
  2. 2 Whether any of the children object to return and have attained age and maturity for their views to be considered
  3. 3 Whether protective measures are sufficient to mitigate any grave risk

Ratio Decidendi

Mother failed to establish grave risk of harm or intolerable situation under Article 13(b); protective measures and Spanish authorities are sufficient. Only W objects to return, but policy and welfare factors outweigh his objections. Order for summary return of all children to Spain.

Court Disposition

Order for summary return of children to Spain

Orders

  • Children to arrive in Spain no later than 7.00pm on Tuesday 11 April 2023
  • Father to provide financial undertakings for accommodation, utilities, and maintenance as specified