L (Grave Risk of Harm) (Child's Objections)

L objects to return and has sufficient maturity, but his objection is not strongly held, is influenced by his mother, and does not outweigh the policy of the Hague Convention; no grave risk of harm or intolerable situation is established; discretion exercised to order return to Bulgaria.

Parties: Applicant: F; Respondent: M; Respondent: B
Jurisdiction: England and Wales
Judgment Date: 16 November 2015
Procedural Posture: Child Abduction Summary Return Application / Final Judgment
Outcome: Application for summary return under the Hague Convention succeeds; L to be returned to Bulgaria.
Legal Topics: Hague Convention, Child's Objections, Grave Risk of Harm, Discretionary Return, Sibling Separation

Family Law International Child Abduction Hague Convention Child's Objections Grave Risk of Harm Discretionary Return Sibling Separation

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Parties

Applicant

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

1 Whether return of L to Bulgaria exposes him to grave risk of harm or intolerable situation
2 Whether L objects to return and has sufficient maturity
3 Whether discretion should be exercised to refuse return

Ratio Decidendi

Court Disposition

Application for summary return under the Hague Convention succeeds; L to be returned to Bulgaria.

Orders

L to be returned forthwith to the jurisdiction of Bulgaria.
Arrangements to be made for L's return as soon as reasonably possible.