K (A Child) (Setting Aside 1980 Hague Convention Return Order), Re

K (A Child) (Setting Aside 1980 Hague Convention Return Order), Re

There has been a fundamental change in circumstances since the original return order, specifically the child's adamant and consistent opposition to return, demonstrated by actions and statements, which undermines the basis for the original order. The child objects to return and has attained sufficient maturity; summary return would place him in an intolerable situation given his settlement, mental health concerns, and lack of prompt welfare proceedings in the USA. The application for summary return is refused.

Parties
Applicant: KS; Respondent: CS; Child: K
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Child Abduction (hague Convention) / Application to Set Aside Return Order; Summary Reconsideration
Outcome
Return order set aside; application for summary return dismissed
Legal Topics
Child Abduction, Hague Convention, Summary Return, Child's Objections, Set Aside Procedure
Family Law International Law Child Abduction Hague Convention Summary Return Child's Objections Set Aside Procedure

Case Brief

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Parties

KS

Applicant

CS

Respondent

K

Child

Procedural Posture

Child Abduction (hague Convention) / Application to Set Aside Return Order; Summary Reconsideration

Legal Issues

  1. 1 Whether there has been a fundamental change in circumstances undermining the basis for the original return order
  2. 2 Whether the child objects to return and has attained sufficient maturity
  3. 3 Whether summary return would place the child in an intolerable situation

Ratio Decidendi

There has been a fundamental change in circumstances since the original return order, specifically the child's adamant and consistent opposition to return, demonstrated by actions and statements, which undermines the basis for the original order. The child objects to return and has attained sufficient maturity; summary return would place him in an intolerable situation given his settlement, mental health concerns, and lack of prompt welfare proceedings in the USA. The application for summary return is refused.

Court Disposition

Return order set aside; application for summary return dismissed

Orders

  • The return order of 31 July 2024 is set aside.
  • The mother's application for summary return of K to the USA is dismissed.