E (Child Abduction: Child's Objections)

E (Child Abduction: Child's Objections)

E objects to return to Lanzarote without her mother and is of sufficient age and maturity; requiring E to return alone would place her in an intolerable situation, and there are no adequate arrangements for her care in Spain. The court exercises discretion to refuse return under Hague Convention Article 13 and Brussels IIa.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
15 January 2020
Procedural Posture
Child Abduction Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Hague Convention, Child's Objections, Grave Risk of Harm, Brussels Iia
Family Law International Child Abduction Hague Convention Child's Objections Grave Risk of Harm Brussels Iia

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the child E should be returned to Lanzarote under the Hague Convention
  2. 2 Whether E objects to return and has sufficient maturity
  3. 3 Whether return would expose E to grave risk of harm or intolerable situation

Ratio Decidendi

E objects to return to Lanzarote without her mother and is of sufficient age and maturity; requiring E to return alone would place her in an intolerable situation, and there are no adequate arrangements for her care in Spain. The court exercises discretion to refuse return under Hague Convention Article 13 and Brussels IIa.

Court Disposition

Application dismissed

Orders

  • E shall remain in England and Wales
  • Father's application for summary return refused