S v D & Anor.

S v D & Anor.

The return orders should be discharged because B, a mature and articulate 14-year-old, genuinely wishes to remain in Country X, is settled and happy there, and forcing him to return would likely cause him significant harm outweighing the benefits of resuming his relationship with his father. The mother's application for a Domestic Abuse Protection Order is refused as the allegations have been previously considered and such an order is neither necessary nor proportionate. The application for enforcement of the financial order is adjourned for later hearing.

Parties
Applicant: S; 1st Respondent: D; 2nd Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family / Judgment on Applications to Discharge Return Orders, for Domestic Abuse Protection, and for Enforcement of Financial Order
Outcome
Return orders discharged; Domestic Abuse Protection Order refused; enforcement of financial order adjourned; child arrangements application deemed and adjourned.
Legal Topics
Child Abduction, Return Orders, Welfare of the Child, Domestic Abuse Protection, Enforcement of Financial Orders
Family Law Child Law Child Abduction Return Orders Welfare of the Child Domestic Abuse Protection Enforcement of Financial Orders

Case Brief

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Parties

S

Applicant

D

1st Respondent

B

2nd Respondent

Procedural Posture

Family / Judgment on Applications to Discharge Return Orders, for Domestic Abuse Protection, and for Enforcement of Financial Order

Legal Issues

  1. 1 Whether to discharge return orders requiring B's return to the UK
  2. 2 Whether to grant a Domestic Abuse Protection Order to the mother and B
  3. 3 Whether to enforce a financial order from November 2014

Ratio Decidendi

The return orders should be discharged because B, a mature and articulate 14-year-old, genuinely wishes to remain in Country X, is settled and happy there, and forcing him to return would likely cause him significant harm outweighing the benefits of resuming his relationship with his father. The mother's application for a Domestic Abuse Protection Order is refused as the allegations have been previously considered and such an order is neither necessary nor proportionate. The application for enforcement of the financial order is adjourned for later hearing.

Court Disposition

Return orders discharged; Domestic Abuse Protection Order refused; enforcement of financial order adjourned; child arrangements application deemed and adjourned.

Orders

  • Return orders requiring B's return to the UK are discharged.
  • Mother's application for a Domestic Abuse Protection Order is refused.