E v Q (Abduction: Defences)

E v Q (Abduction: Defences)

Mother failed to prove consent; father's dismissive statements did not amount to unequivocal consent. Child's preference to remain in UK did not constitute objection. No grave risk of harm or intolerable situation established. No exceptional circumstances warranting postponement of return order. Summary return granted with protective measures.

Parties
Applicant: E; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
19 March 2019
Procedural Posture
Child Abduction / Final Judgment
Outcome
application for summary return granted
Legal Topics
Hague Convention, Brussels II Revised, Summary Return, Consent, Child's Objections, Grave Risk of Harm, Protective Measures
Family Law International Child Abduction Hague Convention Brussels II Revised Summary Return Consent Child's Objections Grave Risk of Harm +1 more

Case Brief

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Parties

E

Applicant

Q

Respondent

Procedural Posture

Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the mother had the father's consent to relocate the children to the UK
  2. 2 Whether the children object to return to Poland
  3. 3 Whether return would expose the children to grave risk of harm or intolerable situation

Ratio Decidendi

Mother failed to prove consent; father's dismissive statements did not amount to unequivocal consent. Child's preference to remain in UK did not constitute objection. No grave risk of harm or intolerable situation established. No exceptional circumstances warranting postponement of return order. Summary return granted with protective measures.

Court Disposition

application for summary return granted

Orders

  • Children to be returned to Poland within four weeks, timed to coincide with Easter break.
  • Protective measures agreed by father to ensure safe and smooth transition.