Re W

Re W

The judge erred by failing to sufficiently analyse the situation from the children's perspective if returned to the USA without their mother. The separation from their primary carer for an indeterminate period would place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention. The appeal is allowed and the order for return without the mother is discharged.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Child Abduction Appeal Under the 1980 Hague Convention / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Hague Convention 1980, Article 13(b) Defence, Child Return Orders, Intolerable Situation, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Defence Child Return Orders Intolerable Situation Protective Measures

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Child Abduction Appeal Under the 1980 Hague Convention / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the return of children to the USA without their mother, due to her inability to obtain a visa, would place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention

Ratio Decidendi

The judge erred by failing to sufficiently analyse the situation from the children's perspective if returned to the USA without their mother. The separation from their primary carer for an indeterminate period would place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention. The appeal is allowed and the order for return without the mother is discharged.

Court Disposition

Appeal allowed

Orders

  • The provision in the order requiring the return of the children without the mother in the event of her visa application being refused is discharged.
  • The children will only return to the USA if the mother is granted a visa.