H v H

H v H

The father did not consent or acquiesce to the children's permanent retention in England; the children object to returning to Australia and have attained sufficient age and maturity; the court, exercising its discretion under Article 13, declines to order their summary return.

Source-derived case information.

Parties
Applicant: Paul John H; Respondent: Heather H
Jurisdiction
England and Wales
Judgment Date
10 September 2004
Procedural Posture
Family / Judgment
Outcome
Application dismissed
Legal Topics
Hague Convention, Child Custody, Children's Objections, Consent and Acquiescence
Family Law International Child Abduction Hague Convention Child Custody Children's Objections Consent and Acquiescence

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Parties

Paul John H

Applicant

Heather H

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the father consented or acquiesced to the children's retention in England
  2. 2 Whether the children object to being returned to Australia and have attained sufficient age and maturity
  3. 3 Whether the court should exercise discretion to refuse summary return under Article 13 of the Hague Convention

Ratio Decidendi

The father did not consent or acquiesce to the children's permanent retention in England; the children object to returning to Australia and have attained sufficient age and maturity; the court, exercising its discretion under Article 13, declines to order their summary return.

Court Disposition

Application dismissed

Orders

  • The application for summary return of the children to Australia is refused.
  • No order for return under the Hague Convention.