C (1980 Hague Convention: Child Objections), Re

C (1980 Hague Convention: Child Objections), Re

The asserted exception to summary return based on the child's objections was not established. Although the child expressed a wish to remain in England, her objections lacked strength, rationality, and conviction, and were influenced by her age, maturity, and the mother's views. The court exercised its discretion to order return, consistent with the objectives of the 1980 Hague Convention and the parties' prior agreement for Romanian jurisdiction.

Parties
Applicant: P; Respondent: S
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Child Abduction Summary Return Application / Judgment After Final Hearing
Outcome
Application granted; order for summary return of the child to Romania.
Legal Topics
Hague Convention 1980, Child Objections Exception, Habitual Residence, Summary Return, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Child Objections Exception Habitual Residence Summary Return Protective Measures

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Parties

P

Applicant

S

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the child objects to return to Romania under Article 13 of the 1980 Hague Convention
  2. 2 Whether the child has attained an age and maturity for her views to be considered
  3. 3 Whether the court should exercise discretion to refuse return based on the child's objections

Ratio Decidendi

The asserted exception to summary return based on the child's objections was not established. Although the child expressed a wish to remain in England, her objections lacked strength, rationality, and conviction, and were influenced by her age, maturity, and the mother's views. The court exercised its discretion to order return, consistent with the objectives of the 1980 Hague Convention and the parties' prior agreement for Romanian jurisdiction.

Court Disposition

Application granted; order for summary return of the child to Romania.

Orders

  • The child C shall return to Romania within 28 days to be enrolled in school for the next academic year.
  • The mother may accompany C and her younger sibling J to Romania.