S (Child Abduction: Joinder of Sibling: Child's Objections)

S's objections to return are established but are influenced by factors with insecure factual foundation; financial hardship is neutralised by the father's offer; sibling separation is mitigated by opportunities for contact; the general philosophy of the Hague Convention and the existence of proceedings in France support return.

Parties: Applicant: S's father; First Respondent: S's mother; Second Respondent: R (sibling)
Jurisdiction: England and Wales
Judgment Date: 27 May 2016
Procedural Posture: Child Abduction and Custody / Judgment
Outcome: Application for return of S to France granted.
Legal Topics: Hague Convention, Child's Objections, Joinder of Sibling, Financial Provision, Child Participation

Family Law International Child Abduction Hague Convention Child's Objections Joinder of Sibling Financial Provision Child Participation

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2

Parties

S's father

Applicant

S's mother

First Respondent

R (sibling)

Second Respondent

Procedural Posture

Child Abduction and Custody / Judgment

Legal Issues

1 Whether S should be returned to France under the Hague Convention
2 Whether exceptions under Article 13 (grave risk, child's objections) are established
3 Whether R should be joined as a party to the proceedings

Ratio Decidendi

Court Disposition

Application for return of S to France granted.

Orders

Order for return of S to France.
Interim financial provision for mother and S pending determination by French Court.