W (Minors)

W (Minors)

The judge was entitled to take account of the objections of the two older children, despite their young ages, as they had attained sufficient maturity. The judge properly exercised her discretion in refusing to order their return, balancing the Convention's objectives with the children's views and the circumstances of the case. No error of law or approach justified granting permission to appeal.

Parties
Applicant: Applicant father; Respondent: Respondent mother; Proposed Intervener: REUNITE International Child Abduction Centre
Jurisdiction
England and Wales
Judgment Date
12 May 2010
Procedural Posture
Child Abduction Appeal / Application for Permission to Appeal From High Court, Family Division
Outcome
Permission to appeal refused
Legal Topics
Child Abduction, Hague Convention, Child's Objections, Return of Children, Discretionary Exercise
Family Law International Law Child Abduction Hague Convention Child's Objections Return of Children Discretionary Exercise

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Parties

Applicant father

Applicant

Respondent mother

Respondent

REUNITE International Child Abduction Centre

Proposed Intervener

Procedural Posture

Child Abduction Appeal / Application for Permission to Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether the judge erred in refusing to order the return of the children to Ireland under the Child Abduction and Custody Act 1985 and the Hague Convention
  2. 2 Whether the objections of children as young as six should be taken into account under Article 13 of the Hague Convention
  3. 3 Whether the judge properly exercised discretion in refusing the return

Ratio Decidendi

The judge was entitled to take account of the objections of the two older children, despite their young ages, as they had attained sufficient maturity. The judge properly exercised her discretion in refusing to order their return, balancing the Convention's objectives with the children's views and the circumstances of the case. No error of law or approach justified granting permission to appeal.

Court Disposition

Permission to appeal refused