H (A Child), Re

H (A Child), Re

The judge was entitled to find that the child objected to return and had sufficient maturity; the Article 13 exception was established, and the judge exercised discretion properly in refusing summary return. The appellate court found no error in the judge's approach or conclusion.

Parties
Appellant: Applicant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Family Law Child Abduction / Appeal From Principal Registry of the Family Division; Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Child's Objections Exception, Summary Return
Family Law International Law Child Abduction Hague Convention 1980 Child's Objections Exception Summary Return

Case Brief

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Parties

Applicant Father

Appellant

Respondent Mother

Respondent

Procedural Posture

Family Law Child Abduction / Appeal From Principal Registry of the Family Division; Application for Permission to Appeal

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 their views to be considered
  3. 3 Whether the judge exercised discretion properly after finding the child's objections exception established

Ratio Decidendi

The judge was entitled to find that the child objected to return and had sufficient maturity; the Article 13 exception was established, and the judge exercised discretion properly in refusing summary return. The appellate court found no error in the judge's approach or conclusion.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application refused