B (Children)

B (Children)

The judge erred in finding that the Article 13(b) defence was established, gave disproportionate weight to an isolated incident, and failed to give adequate weight to the policy of the Hague Convention and the evidence regarding the children’s objections. The evidence did not support a finding of grave risk of harm or a genuine objection by the youngest child. The discretion to refuse summary return was wrongly exercised. The appeal is allowed and the immediate return of the children to Spain is ordered.

Parties
Appellant: Appellant Mother; Respondent: Respondent Father
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Appeal / Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed
Legal Topics
Child Abduction, Hague Convention, Summary Return, Children's Objections, Grave Risk of Harm
Family Law International Law Child Abduction Hague Convention Summary Return Children's Objections Grave Risk of Harm

Case Brief

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Parties

Appellant Mother

Appellant

Respondent Father

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether the judge erred in finding that the children objected to return under Article 13 of the Hague Convention
  2. 2 Whether the judge erred in finding a grave risk of harm under Article 13(b)
  3. 3 Whether the judge erred in making a finding of fact that the mother harmed the child

Ratio Decidendi

The judge erred in finding that the Article 13(b) defence was established, gave disproportionate weight to an isolated incident, and failed to give adequate weight to the policy of the Hague Convention and the evidence regarding the children’s objections. The evidence did not support a finding of grave risk of harm or a genuine objection by the youngest child. The discretion to refuse summary return was wrongly exercised. The appeal is allowed and the immediate return of the children to Spain is ordered.

Court Disposition

Appeal allowed

Orders

  • Immediate return of the children to Spain