AB v CD

AB v CD

The child, J, objects to return to the USA and has attained an age and degree of maturity requiring her views to be considered. Her objections are strong, persistent, and authentic, and are not outweighed by the general Convention considerations or the offered protective measures. The court exercises its discretion to refuse summary return. The Article 13(b) defence is not made out as the risk does not reach the threshold of grave risk or intolerable situation.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Family Law Child Abduction / Judgment After Contested Hearing
Outcome
Application for summary return refused
Legal Topics
Hague Convention 1980, Child Objections Defence, Summary Return, Article 13(b) Defence
Family Law International Child Abduction Hague Convention 1980 Child Objections Defence Summary Return Article 13(b) Defence

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Child Abduction / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the child objects to return under Article 13 of the Hague Convention
  2. 2 Whether the child has attained sufficient age and maturity for her views to be considered
  3. 3 Whether there is a grave risk of harm or intolerable situation under Article 13(b)

Ratio Decidendi

The child, J, objects to return to the USA and has attained an age and degree of maturity requiring her views to be considered. Her objections are strong, persistent, and authentic, and are not outweighed by the general Convention considerations or the offered protective measures. The court exercises its discretion to refuse summary return. The Article 13(b) defence is not made out as the risk does not reach the threshold of grave risk or intolerable situation.

Court Disposition

Application for summary return refused

Orders

  • Summary return of the child to the USA is refused
  • No order as to costs or further directions specified