J (A child : Hague Child Abduction Convention: Physical Chastisement and Homophobic Abuse)

J (A child : Hague Child Abduction Convention: Physical Chastisement and Homophobic Abuse)

The court found J was wrongfully removed from Portugal, and none of the respondent's defences—consent, child's objection, or grave risk of harm—were established to the required standard. The evidence did not show clear and unequivocal consent, J's objection was to the mother's care not to Portugal, and adequate protective arrangements could be made for J's return, defeating the grave risk defence.

Parties
Applicant: PG; Respondent: PR
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Child Abduction Summary Return Application / Final Judgment
Outcome
Application granted; order for summary return of J to Portugal.
Legal Topics
Child Abduction, Hague Convention, Custody, Consent, Child's Objection, Grave Risk of Harm
Family Law International Law Child Abduction Hague Convention Custody Consent Child's Objection Grave Risk of Harm

Case Brief

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Parties

PG

Applicant

PR

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 Whether the child J should be summarily returned to Portugal under the Hague Convention
  2. 2 Whether the respondent mother consented to J's relocation to England
  3. 3 Whether J objects to return to Portugal

Ratio Decidendi

The court found J was wrongfully removed from Portugal, and none of the respondent's defences—consent, child's objection, or grave risk of harm—were established to the required standard. The evidence did not show clear and unequivocal consent, J's objection was to the mother's care not to Portugal, and adequate protective arrangements could be made for J's return, defeating the grave risk defence.

Court Disposition

Application granted; order for summary return of J to Portugal.

Orders

  • J to be returned to Portugal forthwith.
  • Return to be arranged to ensure J is settled with maternal aunt (MTDG) before school resumes in January.