K (1980 Hague Convention) (Lithuania), Re

K (1980 Hague Convention) (Lithuania), Re

The judge was entitled to weigh the child's objections critically, considering the influence exerted by the mother and her family, and to conclude that the objections were not determinative. The judge properly rejected the Article 13b grave risk exception, finding the mother's allegations lacked substance and were inconsistent with her actions. The judge considered all relevant factors and exercised her discretion appropriately; no procedural irregularity or misapplication of legal principles was demonstrated.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
14 July 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Hague Convention, Child's Objections, Grave Risk Exception, Summary Return, Parental Influence
Family Law International Child Abduction Hague Convention Child's Objections Grave Risk Exception Summary Return Parental Influence

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in her treatment of the child's objections under Article 13 of the Hague Convention
  2. 2 Whether the judge applied the correct approach to the Article 13b grave risk exception
  3. 3 Whether the judge gave proper weight to the CAFCASS officer's evidence

Ratio Decidendi

The judge was entitled to weigh the child's objections critically, considering the influence exerted by the mother and her family, and to conclude that the objections were not determinative. The judge properly rejected the Article 13b grave risk exception, finding the mother's allegations lacked substance and were inconsistent with her actions. The judge considered all relevant factors and exercised her discretion appropriately; no procedural irregularity or misapplication of legal principles was demonstrated.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The management of E’s return to Lithuania, including timing, is remitted to Hogg J unless unavailable, in which case another Family Division judge will decide.