C v D

C v D

The father wrongfully removed the children from Canada in breach of the mother's rights of custody, as the Canadian court order did not permit permanent relocation without the mother's consent or further court order. None of the Hague Convention defences (settlement, acquiescence, child's objections, grave risk of harm) are made out. The children must be returned to Canada.

Parties
Applicant: C; Respondent: D; Children's Guardian: Kay Demery (Guardian)
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Child Abduction (hague Convention) / Final Hearing
Outcome
Application for summary return granted.
Legal Topics
Hague Convention, Rights of Custody, Summary Return, Settlement, Acquiescence, Child's Objections, Grave Risk of Harm
Family Law International Child Abduction Hague Convention Rights of Custody Summary Return Settlement Acquiescence Child's Objections +1 more

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Parties

C

Applicant

D

Respondent

Kay Demery (Guardian)

Children's Guardian

Procedural Posture

Child Abduction (hague Convention) / Final Hearing

Legal Issues

  1. 1 Whether the father wrongfully removed the children from Canada in breach of the mother's rights of custody under the Hague Convention
  2. 2 Whether any defences under Article 12 or Article 13 of the Hague Convention are made out (settlement, acquiescence, child's objections, grave risk of harm)
  3. 3 Whether the children should be returned to Canada under the court's inherent jurisdiction

Ratio Decidendi

The father wrongfully removed the children from Canada in breach of the mother's rights of custody, as the Canadian court order did not permit permanent relocation without the mother's consent or further court order. None of the Hague Convention defences (settlement, acquiescence, child's objections, grave risk of harm) are made out. The children must be returned to Canada.

Court Disposition

Application for summary return granted.

Orders

  • Children A and B to be returned to Canada as soon as practicable after the end of their current school term (after 31st March 2017).