D v E

D v E

The father did not consent to permanent relocation; the children were wrongfully retained in England. The grave risk of harm/intolerable situation exception is not made out given available protective measures in Australia. A and B object to return and are of sufficient maturity, but their objections are significantly influenced by the mother and do not outweigh Convention policy. The court orders return of all three children to Australia as a sibling group.

Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Child Abduction Application / Final Judgment
Outcome
Application granted; order for return of children to Australia.
Legal Topics
Hague Convention, Child's Objections, Consent and Acquiescence, Grave Risk of Harm, Intolerable Situation
Family Law International Child Abduction Hague Convention Child's Objections Consent and Acquiescence Grave Risk of Harm Intolerable Situation

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Parties

D

Applicant

E

Respondent

Procedural Posture

Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the retention of the children in England was wrongful under the Hague Convention
  2. 2 Whether the father consented to or acquiesced in the children's relocation
  3. 3 Whether there is a grave risk of harm or intolerable situation if the children are returned

Ratio Decidendi

The father did not consent to permanent relocation; the children were wrongfully retained in England. The grave risk of harm/intolerable situation exception is not made out given available protective measures in Australia. A and B object to return and are of sufficient maturity, but their objections are significantly influenced by the mother and do not outweigh Convention policy. The court orders return of all three children to Australia as a sibling group.

Court Disposition

Application granted; order for return of children to Australia.

Orders

  • Return of A, B, and C to Australia as a sibling group
  • Protective measures to be incorporated as appropriate under Article 11 of the 1996 Hague Convention