WM v JD Hague Convention : Consent : Grave risk of Harm : Children's objections) [2017] EWFC B113 (20 October 2017)

WM v JD Hague Convention : Consent : Grave risk of Harm : Children's objections) [2017] EWFC B113 (20 October 2017)

The mother's consent to the children's removal was vitiated by the father's and Mrs Z's deliberate deception and immediate curtailment of contact, amounting to a plan to permanently exclude the mother from the children's lives. The grave risk of harm defence was not established, as the evidence did not reach the required threshold and adequate protective measures exist in South Africa. The children's stated objections were found to be preferences shaped by significant parental influence and not authentic objections to return per se. None of the Article 13 defences succeeded, and the court would have exercised discretion to order summary return in any event.

Citation
[2017] EWFC B113
Parties
Applicant: WM; Respondent: JD
Jurisdiction
England and Wales
Judgment Date
20 October 2017
Procedural Posture
Child Abduction Summary Return Application Under the Hague Convention / Final Hearing
Outcome
Application granted. Order for summary return of the children to South Africa.
Legal Topics
Hague Convention 1980, Child Abduction and Custody Act 1985, Brussels Iia Regulation, Consent, Grave Risk of Harm, Children's Objections, Parental Alienation
Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Brussels Iia Regulation Consent Grave Risk of Harm Children's Objections +1 more

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Parties

WM

Applicant

JD

Respondent

Procedural Posture

Child Abduction Summary Return Application Under the Hague Convention / Final Hearing

Legal Issues

  1. 1 Whether the mother's consent to removal was vitiated by deceit
  2. 2 Whether return would expose the children to grave risk of physical or psychological harm or place them in an intolerable situation
  3. 3 Whether the children object to return and have attained sufficient age and maturity for their views to be considered

Ratio Decidendi

The mother's consent to the children's removal was vitiated by the father's and Mrs Z's deliberate deception and immediate curtailment of contact, amounting to a plan to permanently exclude the mother from the children's lives. The grave risk of harm defence was not established, as the evidence did not reach the required threshold and adequate protective measures exist in South Africa. The children's stated objections were found to be preferences shaped by significant parental influence and not authentic objections to return per se. None of the Article 13 defences succeeded, and the court would have exercised discretion to order summary return in any event.

Court Disposition

Application granted. Order for summary return of the children to South Africa.

Orders

  • The children L and P are to be returned to South Africa forthwith.
  • The CAFCASS report and s.37 report are to be disclosed to the South African Child Care Authority.