K v B

K v B

NB's objections to return are strong, rational, and grounded in reality, and he is of sufficient age and maturity; therefore, the court exercises discretion to refuse summary return to Hungary under Article 13 of the Hague Convention.

Parties
Applicant: K; Respondent: B
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Family / Judgment
Outcome
Application for summary return refused.
Legal Topics
Hague Convention, Child's Objections, Summary Return, Custody
Family Law International Child Abduction Hague Convention Child's Objections Summary Return Custody

Case Brief

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Parties

K

Applicant

B

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the child NB should be summarily returned to Hungary under the Hague Convention
  2. 2 Whether the mother's consent to NB's move to England was clear and unequivocal
  3. 3 Whether NB's objections to return satisfy Article 13 of the Hague Convention

Ratio Decidendi

NB's objections to return are strong, rational, and grounded in reality, and he is of sufficient age and maturity; therefore, the court exercises discretion to refuse summary return to Hungary under Article 13 of the Hague Convention.

Court Disposition

Application for summary return refused.

Orders

  • NB shall remain in England with his father.
  • The father shall pay for NB's flights to Hungary to see his mother.