M v G

M v G

The children were wrongfully retained on 26 October 2016; the father did not consent to permanent removal or retention; the evidence does not establish grave risk or intolerability under Article 13(b); the children's objections are not sufficiently reasoned or mature; adequate protective measures are in place; return is ordered, suspended until 1 September 2017 to allow Romanian court proceedings.

Parties
Applicant: M; Respondent: G
Jurisdiction
England and Wales
Judgment Date
22 June 2017
Procedural Posture
Child Abduction and Custody (hague Convention) / Judgment on Summary Return Application
Outcome
Application for summary return granted; order for return suspended until 1 September 2017 unless Romanian court grants further permission to remain.
Legal Topics
Hague Convention, Brussels Iia, Summary Return, Wrongful Retention, Consent, Grave Risk Exception, Children's Objections, Judicial Comity
Family Law International Child Abduction Hague Convention Brussels Iia Summary Return Wrongful Retention Consent Grave Risk Exception +2 more

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Parties

M

Applicant

G

Respondent

Procedural Posture

Child Abduction and Custody (hague Convention) / Judgment on Summary Return Application

Legal Issues

  1. 1 Whether the children were wrongfully retained under the Hague Convention
  2. 2 Whether the father consented to removal or retention
  3. 3 Whether return would expose the children to grave risk or intolerable situation under Article 13(b)

Ratio Decidendi

The children were wrongfully retained on 26 October 2016; the father did not consent to permanent removal or retention; the evidence does not establish grave risk or intolerability under Article 13(b); the children's objections are not sufficiently reasoned or mature; adequate protective measures are in place; return is ordered, suspended until 1 September 2017 to allow Romanian court proceedings.

Court Disposition

Application for summary return granted; order for return suspended until 1 September 2017 unless Romanian court grants further permission to remain.

Orders

  • Children to be returned to Romania on 1 September 2017 unless Romanian court grants further permission to remain in England.
  • Father to provide undertakings: no violence, no prosecution, no airport attendance, no separation from mother, continued payment of child maintenance.