The Father v The Mother & Ors

The Father v The Mother & Ors

The removal of the children was wrongful under Article 3 of the 1980 Hague Convention as the father had and was exercising rights of custody. However, the older child objects strongly and with maturity to return, and the mother would not return to Germany, placing the younger child at grave risk of psychological...

Source-derived case information.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: AA; 3rd Respondent: Z
Jurisdiction
England and Wales
Judgment Date
24 September 2024
Procedural Posture
Family Law Child Abduction / Judgment After Contested Hearing
Outcome
Application for summary return refused
Legal Topics
Hague Convention 1980, Summary Return of Children, Child Objections, Grave Risk of Harm, Habitual Residence, Custody Rights
Family Law International Child Abduction Hague Convention 1980 Summary Return of Children Child Objections Grave Risk of Harm Habitual Residence Custody Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

The Father

Applicant

The Mother

1st Respondent

AA

2nd Respondent

Z

3rd Respondent

Procedural Posture

Family Law Child Abduction / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the removal of the children from Germany to England was wrongful under the 1980 Hague Convention
  2. 2 Whether the father had and was exercising rights of custody at the time of removal
  3. 3 Whether the older child objects to return and the weight to be given to her objection

Ratio Decidendi

The removal of the children was wrongful under Article 3 of the 1980 Hague Convention as the father had and was exercising rights of custody. However, the older child objects strongly and with maturity to return, and the mother would not return to Germany, placing the younger child at grave risk of psychological harm or in an intolerable situation if returned alone or with his sister. The Convention's objectives are outweighed by the children's welfare and the practical realities. The court exercises its discretion to refuse the father's application for summary return.

Court Disposition

Application for summary return refused

Orders

  • No order for the return of the children to Germany
  • Further directions to be determined after submissions