Re C (A Child) (Child Abduction: Parent’s refusal to return with child)

Re C (A Child) (Child Abduction: Parent’s refusal to return with child)

The judge was entitled to find, on the evidence, that the mother would return to France with the child if ordered, and her Article 13(b) claim was not established. Oral evidence was not required, and the fallback plan for the child to live with the paternal aunt was sufficiently considered. The appeal was dismissed and the return order stands.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
10 August 2021
Procedural Posture
Child Abduction Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Hague Convention, Article 13(b), Summary Return, Parental Refusal, Protective Measures
Family Law International Child Abduction Hague Convention Article 13(b) Summary Return Parental Refusal Protective Measures

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Child Abduction Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the mother's refusal to return with the child to France establishes a grave risk under Article 13(b) of the Hague Convention
  2. 2 Whether the judge erred in finding the mother would return to France if ordered
  3. 3 Whether oral evidence from the mother was required

Ratio Decidendi

The judge was entitled to find, on the evidence, that the mother would return to France with the child if ordered, and her Article 13(b) claim was not established. Oral evidence was not required, and the fallback plan for the child to live with the paternal aunt was sufficiently considered. The appeal was dismissed and the return order stands.

Court Disposition

appeal dismissed

Orders

  • Order for return of the child to France stands
  • Steps to repatriate the child to France to be taken