B v P (Children's Objections)

B v P (Children's Objections)

The evidence demonstrates both children object to return to Hungary, have attained sufficient maturity, and that return would expose them to grave risk of psychological harm and intolerable situation due to their autism, PTSD, and subjective and objective fears rooted in domestic abuse. Protective measures are inadequate. Discretion is exercised not to order return.

Parties
Applicant: B; Respondent: P
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Child Abduction and Custody / Final Hearing
Outcome
Application dismissed
Legal Topics
1980 Hague Convention, Child's Objections, Psychological Harm, Autism, Post Traumatic Stress Disorder, Protective Measures, Domestic Abuse
Family Law International Child Abduction 1980 Hague Convention Child's Objections Psychological Harm Autism Post Traumatic Stress Disorder Protective Measures +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

B

Applicant

P

Respondent

Procedural Posture

Child Abduction and Custody / Final Hearing

Legal Issues

  1. 1 Whether summary return of two children to Hungary should be ordered under the 1980 Hague Convention
  2. 2 Whether the children object to return and have attained sufficient maturity
  3. 3 Whether return would expose the children to grave risk of psychological harm or intolerable situation

Ratio Decidendi

The evidence demonstrates both children object to return to Hungary, have attained sufficient maturity, and that return would expose them to grave risk of psychological harm and intolerable situation due to their autism, PTSD, and subjective and objective fears rooted in domestic abuse. Protective measures are inadequate. Discretion is exercised not to order return.

Court Disposition

Application dismissed

Orders

  • Father's application for summary return of the children to Hungary is dismissed