C v S

C v S

The mother failed to establish an Article 13B exception; neither grave risk of psychological harm nor intolerability was proven. The child's expressed wishes did not amount to an objection in Convention terms. Mandatory return is ordered.

Parties
Applicant: C; Respondent: S
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Child Abduction / Judgment
Outcome
application granted
Legal Topics
Child Abduction, Hague Convention, Summary Return, Article 13, Parental Responsibility
Family Law International Law Child Abduction Hague Convention Summary Return Article 13 Parental Responsibility

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Parties

C

Applicant

S

Respondent

Procedural Posture

Child Abduction / Judgment

Legal Issues

  1. 1 Whether the mother has established an Article 13B exception to mandatory return under the Hague Convention
  2. 2 Whether the child objects to return and has attained sufficient maturity for his views to be considered

Ratio Decidendi

The mother failed to establish an Article 13B exception; neither grave risk of psychological harm nor intolerability was proven. The child's expressed wishes did not amount to an objection in Convention terms. Mandatory return is ordered.

Court Disposition

application granted

Orders

  • Summary return of L to Australia ordered.
  • Mother to accompany L on return.