Re A (a child)

Re A (a child)

The court found that the greater harm to A lies in remaining with her father, who lacks insight and motivation to address the harm caused by the abduction and ongoing separation from her mother and siblings. The mother, despite her own parenting deficiencies, is better placed to provide a secure emotional base for A, especially with ongoing support. The abduction was a deliberate act of cruelty, and A's welfare requires her immediate return to her mother's care in England and Wales.

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: Cafcass Legal (on behalf of Guardian)
Jurisdiction
England and Wales
Judgment Date
20 December 2021
Procedural Posture
Child Arrangements / International Child Abduction / Final Judgment After Fact Finding Hearing
Outcome
Application granted; child to be returned to mother's care in England and Wales.
Legal Topics
Child Abduction, Child Arrangements Order, Habitual Residence, Welfare of the Child, Hague Convention 1980, Hague Convention 1996, Prohibited Steps Order, Specific Issue Order
Family Law International Law Child Abduction Child Arrangements Order Habitual Residence Welfare of the Child Hague Convention 1980 Hague Convention 1996 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

M

Applicant

F

1st Respondent

Cafcass Legal (on behalf of Guardian)

2nd Respondent

Procedural Posture

Child Arrangements / International Child Abduction / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the child A should be returned to the care of her mother in England and Wales after abduction by her father to Switzerland
  2. 2 Assessment of the welfare of the child under the Children Act 1989 and international conventions
  3. 3 Evaluation of allegations of harm and parental capacity

Ratio Decidendi

The court found that the greater harm to A lies in remaining with her father, who lacks insight and motivation to address the harm caused by the abduction and ongoing separation from her mother and siblings. The mother, despite her own parenting deficiencies, is better placed to provide a secure emotional base for A, especially with ongoing support. The abduction was a deliberate act of cruelty, and A's welfare requires her immediate return to her mother's care in England and Wales.

Court Disposition

Application granted; child to be returned to mother's care in England and Wales.

Orders

  • A to be returned to the care of her mother in England and Wales without further delay.
  • Child Arrangements Order granted in favour of the mother.