FQ v MQ & Ors

FQ v MQ & Ors

The children were wrongfully removed from the United States by the mother, but by the time of the Hague application they were settled in England within the meaning of Article 12. There was no agreement for them to remain in England, and no assurance was given to the father that they would return. The children have a strong preference not to return, but not a clear objection. The mother has not established a grave risk of harm or intolerable situation under Article 13(b). Accordingly, the application for summary return is dismissed.

Parties
Applicant: FQ; Respondent: MQ; 2nd Respondent: EQ; 3rd Respondent: DQ
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Application for summary return dismissed
Legal Topics
Child Abduction, Hague Convention, Summary Return, Settlement of Children, Article 12, Article 13(b), Children's Objections, Domestic Violence Allegations
Family Law International Law Child Abduction Hague Convention Summary Return Settlement of Children Article 12 Article 13(b) +2 more

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Parties

FQ

Applicant

MQ

Respondent

EQ

2nd Respondent

DQ

3rd Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the children were wrongfully removed or retained under the Hague Convention
  2. 2 Whether the children are now settled in England under Article 12
  3. 3 Whether the children object to return and the weight to be given to their views

Ratio Decidendi

The children were wrongfully removed from the United States by the mother, but by the time of the Hague application they were settled in England within the meaning of Article 12. There was no agreement for them to remain in England, and no assurance was given to the father that they would return. The children have a strong preference not to return, but not a clear objection. The mother has not established a grave risk of harm or intolerable situation under Article 13(b). Accordingly, the application for summary return is dismissed.

Court Disposition

Application for summary return dismissed

Orders

  • Father's application for summary return of the children to the United States is dismissed
  • Consequential directions to be considered at a further hearing