H v K (Return Order)

H v K (Return Order)

Protective measures offered by the father and available in the United States are sufficient to mitigate any grave risk of harm or intolerable situation; children’s objections are not determinative and are outweighed by welfare and Convention considerations. Summary return is ordered.

Parties
Applicant: H; First Respondent: K; Second Respondent: B; Third Respondent: M
Jurisdiction
England and Wales
Judgment Date
11 May 2017
Procedural Posture
Child Abduction (hague Convention) / Final Judgment and Supplementary Judgment
Outcome
Order for summary return of the children to the United States (Hawaii) forthwith.
Legal Topics
Hague Convention 1980, Child Abduction and Custody Act 1985, Summary Return, Protective Measures, Children's Objections, Habitual Residence, Welfare Considerations
Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Summary Return Protective Measures Children's Objections Habitual Residence +1 more

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Parties

H

Applicant

K

First Respondent

B

Second Respondent

M

Third Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment and Supplementary Judgment

Legal Issues

  1. 1 Whether the children should be summarily returned to the United States under the Hague Convention
  2. 2 Whether Article 13(b) (grave risk of harm/intolerable situation) applies
  3. 3 Whether the children’s objections under Article 13 are sufficient to prevent return

Ratio Decidendi

Protective measures offered by the father and available in the United States are sufficient to mitigate any grave risk of harm or intolerable situation; children’s objections are not determinative and are outweighed by welfare and Convention considerations. Summary return is ordered.

Court Disposition

Order for summary return of the children to the United States (Hawaii) forthwith.

Orders

  • Mother and children to depart jurisdiction by Sunday, 14 May 2017.
  • Father to provide undertakings: no violence, no contact except through attorney, no attendance at mother’s property, no separation from mother except for agreed/court-ordered contact, pay for flights, provide accommodation, not to support criminal proceedings against mother (with caveats).