WF v RJ & Anor

WF v RJ & Anor

Both children object to return and have attained sufficient maturity for their views to be considered. B's objections are strong, clear, consistent, and authentically her own, rooted in her experience of domestic violence and lack of trust in her mother's ability to protect her. R's objections are less strong but still sufficient. Returning R alone would place him in an intolerable situation due to sibling separation. The discretion under Article 13 is exercised in the round, and the balance of factors, including the children's objections and the risk of intolerable situation, outweigh the policy of summary return. The application for summary return is refused.

Parties
Plaintiff: WF; First Defendant: RJ; Second Defendant: BF; Third Respondent: RF
Jurisdiction
England and Wales
Judgment Date
13 August 2010
Procedural Posture
Child Abduction Summary Return Application (hague Convention) / Final Judgment
Outcome
Application for summary return refused
Legal Topics
Child Abduction, Hague Convention, Children's Objections, Summary Return, Brussels II Revised, Parental Responsibility, Domestic Violence
Family Law International Law Child Abduction Hague Convention Children's Objections Summary Return Brussels II Revised Parental Responsibility +1 more

Case Brief

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 6 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

WF

Plaintiff

RJ

First Defendant

BF

Second Defendant

RF

Third Respondent

Procedural Posture

Child Abduction Summary Return Application (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the children (B and R) object to return to Germany and have sufficient maturity for their views to be considered under Article 13 of the Hague Convention
  2. 2 Whether return would expose either child to grave risk of harm or intolerable situation under Article 13(b)
  3. 3 How the court should exercise its discretion if the Article 13 or 13(b) gateways are crossed, especially in relation to siblings

Ratio Decidendi

Both children object to return and have attained sufficient maturity for their views to be considered. B's objections are strong, clear, consistent, and authentically her own, rooted in her experience of domestic violence and lack of trust in her mother's ability to protect her. R's objections are less strong but still sufficient. Returning R alone would place him in an intolerable situation due to sibling separation. The discretion under Article 13 is exercised in the round, and the balance of factors, including the children's objections and the risk of intolerable situation, outweigh the policy of summary return. The application for summary return is refused.

Court Disposition

Application for summary return refused

Orders

  • The father's application for summary return of the children to Germany is refused.
  • The court will invite submissions on how to comply with Article 11(6) of Brussels II Revised regarding notification to the German court.