C (a child), Re

C (a child), Re

A is settled in her new environment in England within the meaning of Article 12 of the Hague Convention; the court declines to exercise its discretion to order return, prioritising A's welfare, emotional stability, and her strongly expressed objections to return.

Source-derived case information.

Parties
Plaintiff: Father; Defendant: Mother
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Hague Convention Child Abduction / Judgment
Outcome
Father's application for return of A to the USA dismissed.
Legal Topics
Hague Convention, Child Custody, Settlement, Child's Objections, Physical or Psychological Harm
Family Law International Child Abduction Hague Convention Child Custody Settlement Child's Objections Physical or Psychological Harm

Source-derived case record

Summary, issues, holding and outcome

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Parties

Father

Plaintiff

Mother

Defendant

Procedural Posture

Hague Convention Child Abduction / Judgment

Legal Issues

  1. 1 Whether the removal of A was wrongful under Article 3 of the Hague Convention
  2. 2 Whether A is settled in her new environment under Article 12
  3. 3 Whether return would expose A to physical or psychological harm under Article 13

Ratio Decidendi

A is settled in her new environment in England within the meaning of Article 12 of the Hague Convention; the court declines to exercise its discretion to order return, prioritising A's welfare, emotional stability, and her strongly expressed objections to return.

Court Disposition

Father's application for return of A to the USA dismissed.

Orders

  • Operation and effect of dismissal suspended for 14 days to allow for appeal.
  • Orders preventing removal of A from England and Wales and withholding passports to continue for 14 days, then discharged subject to further order.