B v G

B v G

A moved to Spain on 8 July 2023 under a permanent plan agreed by both parents, lost habitual residence in England, and acquired habitual residence in Spain almost immediately. G's retention of A in England is wrongful under the Hague Convention. Although A objects to return, her objections are not deep-rooted and can be addressed by undertakings. The court exercises discretion to order A's return to Spain, giving weight to the joint parental decision and A's best interests.

Parties
Applicant: B; Respondent: G
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Judgment
Outcome
Return order granted; A to return to Spain to live with her Father.
Legal Topics
Habitual Residence, Return Order, Child Objections, Parental Responsibility
Family Law International Child Abduction Habitual Residence Return Order Child Objections Parental Responsibility

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Parties

B

Applicant

G

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether A was habitually resident in Spain at the relevant time
  2. 2 Whether A objects to return to Spain and the court should exercise discretion under Article 13 of the Hague Convention

Ratio Decidendi

A moved to Spain on 8 July 2023 under a permanent plan agreed by both parents, lost habitual residence in England, and acquired habitual residence in Spain almost immediately. G's retention of A in England is wrongful under the Hague Convention. Although A objects to return, her objections are not deep-rooted and can be addressed by undertakings. The court exercises discretion to order A's return to Spain, giving weight to the joint parental decision and A's best interests.

Court Disposition

Return order granted; A to return to Spain to live with her Father.

Orders

  • A to return to Spain as soon as reasonably practicable.
  • Parties to agree a timetable for an orderly return and undertakings to ensure A can spend extended periods in England with her grandmother and maternal family during school holidays.