ROL v HML (Child abduction and immigration problems)

ROL v HML (Child abduction and immigration problems)

Provisional view is that, subject to mother securing lawful entry and stay in America and father paying $15,000 in advance, discretion should be exercised to order return of both children notwithstanding elder child's objection, as the objection is borderline and not entrenched, and welfare and Convention objectives favour return.

Parties
Applicant: ROL; Respondent: HML
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Child Abduction and Immigration Problems / Interlocutory Summary; Hearing Adjourned Part Heard
Outcome
Hearing adjourned part-heard; provisional order for return of both children subject to conditions.
Legal Topics
Hague Convention, Habitual Residence, Child Objection, Article 13 B Defence, Immigration Status
Family Law International Child Abduction Immigration Law Hague Convention Habitual Residence Child Objection Article 13 B Defence Immigration Status

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Parties

ROL

Applicant

HML

Respondent

Procedural Posture

Child Abduction and Immigration Problems / Interlocutory Summary; Hearing Adjourned Part Heard

Legal Issues

  1. 1 Whether summary return of children to New York should be ordered under the Hague Convention
  2. 2 Whether elder child objects to return and if discretion should be exercised
  3. 3 Whether Article 13B grave risk defence applies

Ratio Decidendi

Provisional view is that, subject to mother securing lawful entry and stay in America and father paying $15,000 in advance, discretion should be exercised to order return of both children notwithstanding elder child's objection, as the objection is borderline and not entrenched, and welfare and Convention objectives favour return.

Court Disposition

Hearing adjourned part-heard; provisional order for return of both children subject to conditions.

Orders

  • Adjourned to 16th January 2018 to allow mother to resolve immigration status.
  • Father to pay $15,000 in advance to mother if return is ordered.