W (Abduction: Asylum), Re

W (Abduction: Asylum), Re

The children are settled in the UK within the meaning of Article 12 of the Hague Convention, and the court exercises its discretion not to order their return to the US. The settlement defence is established based on the children’s physical, emotional, and psychological integration and stability in the UK. The grave risk and child objection defences are not established, but in any event, the discretion would be exercised against return.

Parties
Applicant: Father; 1st Respondent: Mother; 2nd – 5th Respondents: W, X, Y and Z (Through their Childrens Guardian, Kay Demery)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Hague Child Abduction Convention Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Asylum, Settlement Defence, Habitual Residence, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Asylum Settlement Defence Habitual Residence Protective Measures

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Parties

Father

Applicant

Mother

1st Respondent

W, X, Y and Z (Through their Childrens Guardian, Kay Demery)

2nd – 5th Respondents

Procedural Posture

Hague Child Abduction Convention Application / Final Judgment

Legal Issues

  1. 1 Whether the children are settled in the UK within the meaning of Article 12 of the Hague Convention
  2. 2 Whether there is a grave risk of harm under Article 13(b) if the children are returned to the US
  3. 3 Whether the children object to being returned and have sufficient maturity for their views to be considered

Ratio Decidendi

The children are settled in the UK within the meaning of Article 12 of the Hague Convention, and the court exercises its discretion not to order their return to the US. The settlement defence is established based on the children’s physical, emotional, and psychological integration and stability in the UK. The grave risk and child objection defences are not established, but in any event, the discretion would be exercised against return.

Court Disposition

Application dismissed

Orders

  • The father’s application for the summary return of the children to the US is dismissed.