M (A Child)

M (A Child)

The appeal was allowed because the trial judge failed to consider the child's objections defence under Article 13, despite clear evidence that the child objected to return, was of sufficient age and maturity, and her objections were rooted in traumatic experiences and fear for her mother's safety. The circumstances...

Source-derived case information.

Parties
Appellant: Appellant mother; Respondent: Respondent father
Jurisdiction
England and Wales
Judgment Date
27 March 2007
Procedural Posture
Hague Convention Child Abduction Appeal / Appeal From Family Division; Application for Leave to Appeal and Substantive Appeal
Outcome
Appeal allowed; order for return set aside
Legal Topics
Child Abduction, Hague Convention, Child's Objections Defence, Summary Return Proceedings
Family Law International Law Child Abduction Hague Convention Child's Objections Defence Summary Return Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant mother

Appellant

Respondent father

Respondent

Procedural Posture

Hague Convention Child Abduction Appeal / Appeal From Family Division; Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge erred in failing to consider the child's objections defence under Article 13 of the Hague Convention
  2. 2 Whether the evidence established that the child objected to return and was of sufficient age and maturity for her views to be considered
  3. 3 Whether the circumstances justified the exercise of discretion to refuse return under the Convention

Ratio Decidendi

The appeal was allowed because the trial judge failed to consider the child's objections defence under Article 13, despite clear evidence that the child objected to return, was of sufficient age and maturity, and her objections were rooted in traumatic experiences and fear for her mother's safety. The circumstances were exceptional and justified refusal of return.

Court Disposition

Appeal allowed; order for return set aside

Orders

  • Permission to appeal granted
  • Order for return of the child to Serbia set aside