R v S (Hague Convention: Child's Objections)

R v S (Hague Convention: Child's Objections)

The court found the gateway requirements under Article 13 were met as D objects to return to Ireland and has sufficient maturity. Protective measures in Ireland were deemed ineffective based on past experience. The court exercised its discretion to refuse the return order, prioritizing the child's emotional vulnerability, strength of objections, and ongoing therapy.

Parties
Applicant: MR; Respondent: HS
Jurisdiction
England and Wales
Judgment Date
05 February 2015
Procedural Posture
Hague Convention Child Abduction / Judgment After Contested Hearing
Outcome
Father's application for return of both children refused.
Legal Topics
Hague Convention, Child's Objections, Protective Measures, Domestic Violence, Return Order Discretion
Family Law International Child Abduction Hague Convention Child's Objections Protective Measures Domestic Violence Return Order Discretion

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Parties

MR

Applicant

HS

Respondent

Procedural Posture

Hague Convention Child Abduction / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the gateway requirements under Article 13 of the Hague Convention are met for the child's objections
  2. 2 Whether protective measures in Ireland would be effective
  3. 3 Whether the court should exercise its discretion to refuse return based on child's objections and welfare

Ratio Decidendi

The court found the gateway requirements under Article 13 were met as D objects to return to Ireland and has sufficient maturity. Protective measures in Ireland were deemed ineffective based on past experience. The court exercised its discretion to refuse the return order, prioritizing the child's emotional vulnerability, strength of objections, and ongoing therapy.

Court Disposition

Father's application for return of both children refused.

Orders

  • Refusal of return order for both children under the Hague Convention
  • Further directions to be heard regarding terms of any order