M (Children) [2016] EWCA Civ 942 (09 August 2016)

M (Children) [2016] EWCA Civ 942 (09 August 2016)

The judge at first instance erred in her approach to the assessment of protective measures and failed to make the order for return conditional on the father securing enforceable protective measures and accommodation. There was no legitimate basis to doubt the efficacy of US courts or police in enforcing such measures. The appeal is allowed and the children's immediate return to the USA is ordered, conditional on the father providing evidence of a consent order in New Jersey and secure accommodation for the mother and children.

Citation
[2016] EWCA Civ 942
Parties
Applicant: Mr M; Respondent: Ms M
Jurisdiction
England and Wales
Judgment Date
09 August 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal allowed
Legal Topics
International Child Abduction, Hague Convention 1980, Protective Measures, Summary Return of Children, Domestic Violence
Family Law International Law International Child Abduction Hague Convention 1980 Protective Measures Summary Return of Children Domestic Violence

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Parties

Mr M

Applicant

Ms M

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the refusal to order the summary return of children to the USA under the Hague Convention was correct
  2. 2 Whether the judge at first instance properly assessed the adequacy of protective measures to mitigate risk under Article 13(b)
  3. 3 Whether the judge failed to evaluate the mother's case if protective measures were inadequate

Ratio Decidendi

The judge at first instance erred in her approach to the assessment of protective measures and failed to make the order for return conditional on the father securing enforceable protective measures and accommodation. There was no legitimate basis to doubt the efficacy of US courts or police in enforcing such measures. The appeal is allowed and the children's immediate return to the USA is ordered, conditional on the father providing evidence of a consent order in New Jersey and secure accommodation for the mother and children.

Court Disposition

Appeal allowed

Orders

  • Children to be returned immediately to the USA, conditional on the father providing evidence of a consent order in the Superior Court of New Jersey and landlord's consent to exclusive occupation of accommodation by the mother and children.