O v O

O v O

The removal of M from Australia by her father was a wrongful removal under the Hague Convention. M does not object to return to the United States, but to separation from her father, which does not constitute an objection under Article 13. The Convention permits return to the United States, not Australia, as the family no longer resides in Australia. The court orders M's return to the United States for welfare decisions to be made by US courts.

Parties
Applicant: O; Respondent: O
Jurisdiction
England and Wales
Judgment Date
21 August 2013
Procedural Posture
Child Abduction / Custody / Final Judgment
Outcome
Application granted; M to be returned to the United States of America.
Legal Topics
Hague Convention, Wrongful Removal, Habitual Residence, Child Welfare, Inherent Jurisdiction
Family Law International Child Abduction Hague Convention Wrongful Removal Habitual Residence Child Welfare Inherent Jurisdiction

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Parties

O

Applicant

O

Respondent

Procedural Posture

Child Abduction / Custody / Final Judgment

Legal Issues

  1. 1 Whether M was wrongfully removed from Australia
  2. 2 Whether M objects to return to the United States under Article 13 Hague Convention
  3. 3 Appropriate jurisdiction for welfare decisions

Ratio Decidendi

The removal of M from Australia by her father was a wrongful removal under the Hague Convention. M does not object to return to the United States, but to separation from her father, which does not constitute an objection under Article 13. The Convention permits return to the United States, not Australia, as the family no longer resides in Australia. The court orders M's return to the United States for welfare decisions to be made by US courts.

Court Disposition

Application granted; M to be returned to the United States of America.

Orders

  • M to be returned to the United States of America.
  • Mother to provide accommodation and financial support for father and M in Minnesota.