S v O

S v O

The mother did not consent to the children's removal to England; the Article 13b grave risk exception is established based on the oldest child's allegations of abuse and the inadequacy of protective measures if returned to the mother's care. The oldest child objects to return to Lithuania and is of sufficient maturity. Discretion is exercised to refuse return for all children, as returning the younger children alone would be unsafe and separate siblings.

Parties
Applicant: S; Respondent: O
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Child Abduction (1980 Hague Convention) / Judgment After Contested Hearing
Outcome
Return to Lithuania refused for all three children.
Legal Topics
Hague Convention 1980, Wrongful Retention, Consent, Grave Risk Exception, Child Objections, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Wrongful Retention Consent Grave Risk Exception Child Objections Protective Measures

Case Brief

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Parties

S

Applicant

O

Respondent

Procedural Posture

Child Abduction (1980 Hague Convention) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother consented to the children's removal to England
  2. 2 Whether there is a grave risk of harm under Article 13b if the children are returned to Lithuania
  3. 3 Whether the oldest child's objections meet the Convention threshold and should be determinative

Ratio Decidendi

The mother did not consent to the children's removal to England; the Article 13b grave risk exception is established based on the oldest child's allegations of abuse and the inadequacy of protective measures if returned to the mother's care. The oldest child objects to return to Lithuania and is of sufficient maturity. Discretion is exercised to refuse return for all children, as returning the younger children alone would be unsafe and separate siblings.

Court Disposition

Return to Lithuania refused for all three children.

Orders

  • Application for summary return under the 1980 Hague Convention is dismissed.
  • All three children to remain in England pending further welfare proceedings.