H v A

H v A

The court found the removal from Sweden was wrongful and not with the father's operative consent. The children were not settled in the UK at the date of application. The children's objections were primarily to separation from their mother, not to return to Sweden per se. There is a grave risk of intolerable situation if the mother is arrested or incarcerated on return, but insufficient information exists on what would happen in Sweden. The court adjourned the application for focused expert advice on protective measures and the practicalities of return, rather than ordering or refusing return at this stage.

Parties
Applicant: H; Respondent: A
Jurisdiction
England and Wales
Judgment Date
03 April 2024
Procedural Posture
Hague Convention Child Abduction Application / Interlocutory Judgment on Summary Return Application; Adjournment for Further Information
Outcome
Adjournment for further information; no final order for return or refusal at this stage.
Legal Topics
Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Protective Measures, Grave Risk of Harm, Children's Objections, Jurisdiction, Consent
Family Law International Law Child Abduction Hague Convention 1980 Habitual Residence Summary Return Protective Measures Grave Risk of Harm +3 more

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Parties

H

Applicant

A

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Interlocutory Judgment on Summary Return Application; Adjournment for Further Information

Legal Issues

  1. 1 Whether the removal/retention of the children was wrongful under Article 3 of the Hague Convention
  2. 2 Whether the children are settled in the UK for Article 12 purposes
  3. 3 Whether the father consented to the removal/retention

Ratio Decidendi

The court found the removal from Sweden was wrongful and not with the father's operative consent. The children were not settled in the UK at the date of application. The children's objections were primarily to separation from their mother, not to return to Sweden per se. There is a grave risk of intolerable situation if the mother is arrested or incarcerated on return, but insufficient information exists on what would happen in Sweden. The court adjourned the application for focused expert advice on protective measures and the practicalities of return, rather than ordering or refusing return at this stage.

Court Disposition

Adjournment for further information; no final order for return or refusal at this stage.

Orders

  • Adjourned for focused expert advice from a Swedish law specialist on protective measures and practicalities of return.
  • Directions hearing listed for 19 February 2024, to be vacated if agreed directions are submitted.