B v B

The removal breached the father's rights of custody; no clear evidence of consent; the child's objections lack sufficient maturity; adequate safeguards can be imposed to prevent risk of harm; therefore, the child must be returned forthwith to Lithuania.

Parties: Applicant: B; Respondent: B
Jurisdiction: England and Wales
Judgment Date: 21 May 2014
Procedural Posture: Application for Summary Return of Child Under Hague Convention / Judgment
Outcome: Order for summary return of child to Lithuania within three weeks unless superseded by Lithuanian court order.
Legal Topics: Hague Convention 1980, Child Abduction and Custody Act 1985, Brussels II Revised, Jurisdiction and Protection of Children, Consent to Removal, Child's Objections, Risk of Harm, Safeguards on Return

Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Brussels II Revised Jurisdiction and Protection of Children Consent to Removal Child's Objections +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Respondent

Procedural Posture

Application for Summary Return of Child Under Hague Convention / Judgment

Legal Issues

1 Whether the removal of the child breached the father's rights of custody under the Hague Convention
2 Whether the father consented to the removal
3 Whether the child objects to return with sufficient maturity

Ratio Decidendi

Court Disposition

Order for summary return of child to Lithuania within three weeks unless superseded by Lithuanian court order.

Orders

A to remain in mother's custody after return to Lithuania.
No order for contact in favour of father pending Lithuanian court decision.