W and E (Habitual Residence), Re

W and E (Habitual Residence), Re

The court found that by 17 May 2024 the children were habitually resident in England, not New Zealand. Ed objected to return with sufficient strength and maturity, while Will was equivocal. The mother established that return would place the children at grave risk of psychological harm or intolerable situation due to her mental ill-health and the cumulative effect of alleged domestic abuse. Protective measures offered by the father would not sufficiently mitigate these risks.

Parties
Applicant: S; Respondent: K
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Family / Final Judgment
Outcome
Application for summary return dismissed
Legal Topics
Habitual Residence, Hague Convention, Child Custody, Summary Return, Children's Objections, Psychological Harm, Domestic Abuse, Mental Health
Family Law International Child Abduction Habitual Residence Hague Convention Child Custody Summary Return Children's Objections Psychological Harm +2 more

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Parties

S

Applicant

K

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in England or New Zealand as at 17 May 2024
  2. 2 Whether the children objected to return and had sufficient maturity
  3. 3 Whether return would expose the children to grave risk of psychological harm or intolerable situation

Ratio Decidendi

The court found that by 17 May 2024 the children were habitually resident in England, not New Zealand. Ed objected to return with sufficient strength and maturity, while Will was equivocal. The mother established that return would place the children at grave risk of psychological harm or intolerable situation due to her mental ill-health and the cumulative effect of alleged domestic abuse. Protective measures offered by the father would not sufficiently mitigate these risks.

Court Disposition

Application for summary return dismissed

Orders

  • No order for summary return of the children to New Zealand
  • Children to remain in England