LCG v RL

LCG v RL

The children lost their habitual residence in England and acquired habitual residence in Spain by autumn 2012, with the father's clear and unconditional agreement to their indefinite stay. The retention of the children in England on 5 January 2013 was wrongful under the Hague Convention. While T objected to return and was of sufficient maturity, her objections were not determinative, and the policy of the Convention, the need to maintain the sibling group, and the intentions of both parents supported the order for return. No sufficient evidence of intolerability was established.

Parties
Applicant: LCG; Respondent: RL
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Family / Judgment
Outcome
Application granted; order for return of the four children to Spain.
Legal Topics
Habitual Residence, Hague Convention, Child's Objections, Custody Rights, Parental Responsibility, Council Regulation (ec) 2201/2003
Family Law International Child Abduction Habitual Residence Hague Convention Child's Objections Custody Rights Parental Responsibility Council Regulation (ec) 2201/2003

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Parties

LCG

Applicant

RL

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in Spain as at 5 January 2013
  2. 2 Whether the retention of the children in England was wrongful under the Hague Convention
  3. 3 Whether any exceptions under Article 13 of the Hague Convention apply, including child's objections and intolerability

Ratio Decidendi

The children lost their habitual residence in England and acquired habitual residence in Spain by autumn 2012, with the father's clear and unconditional agreement to their indefinite stay. The retention of the children in England on 5 January 2013 was wrongful under the Hague Convention. While T objected to return and was of sufficient maturity, her objections were not determinative, and the policy of the Convention, the need to maintain the sibling group, and the intentions of both parents supported the order for return. No sufficient evidence of intolerability was established.

Court Disposition

Application granted; order for return of the four children to Spain.

Orders

  • The four children are to be returned to the Kingdom of Spain.
  • Both parents are encouraged to reflect and plan their lives to maximise time with the children and minimise dispute.