OC v CD

OC v CD

The mother failed to establish any of the Article 13 defences. There is no grave risk of harm or intolerable situation on return to Australia; the children's objections are not authentically their own and do not meet the threshold; and the father did not acquiesce in the retention. The children must be returned to Australia forthwith.

Parties
Applicant: OC; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Application for summary return granted
Legal Topics
Hague Convention 1980, Summary Return of Children, Defences to Return (grave Risk, Child's Objections, Acquiescence)
Family Law International Child Abduction Hague Convention 1980 Summary Return of Children Defences to Return (grave Risk, Child's Objections, Acquiescence)

Case Brief

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Parties

OC

Applicant

CD

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother has established a defence under Article 13(b) of the 1980 Hague Convention (grave risk of harm/intolerable situation)
  2. 2 Whether the children object to return and have attained sufficient age and maturity (Article 13)
  3. 3 Whether the father acquiesced in the wrongful retention (Article 13(a))

Ratio Decidendi

The mother failed to establish any of the Article 13 defences. There is no grave risk of harm or intolerable situation on return to Australia; the children's objections are not authentically their own and do not meet the threshold; and the father did not acquiesce in the retention. The children must be returned to Australia forthwith.

Court Disposition

Application for summary return granted

Orders

  • The children are to be returned forthwith to Australia.
  • Counsel to draw up an order reflecting the decision and practical arrangements.