K (A child : Hague Child Abduction Convention)

K (A child : Hague Child Abduction Convention)

The court found that the child's views amounted to a preference, not an objection, and were likely influenced by the father. The mother's communications did not constitute clear and unequivocal consent or acquiescence. The mother did not know of her rights under the Hague Convention at the relevant time. Therefore, neither defence succeeded and the court was required to order the child's return to Turkey.

Parties
Applicant: YC; Respondent: AC
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Hague Child Abduction Convention Application / Final Judgment
Outcome
Application granted; order for summary return of the child to Turkey.
Legal Topics
Hague Convention, Child's Objections, Acquiescence, Consent, Summary Return
Family Law International Child Abduction Hague Convention Child's Objections Acquiescence Consent Summary Return

Case Brief

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Parties

YC

Applicant

AC

Respondent

Procedural Posture

Hague Child Abduction Convention Application / Final Judgment

Legal Issues

  1. 1 Whether the child objects to return to Turkey and has attained sufficient maturity
  2. 2 Whether the mother acquiesced to the child's retention in England
  3. 3 Whether the mother's consent was given for the child to remain in England

Ratio Decidendi

The court found that the child's views amounted to a preference, not an objection, and were likely influenced by the father. The mother's communications did not constitute clear and unequivocal consent or acquiescence. The mother did not know of her rights under the Hague Convention at the relevant time. Therefore, neither defence succeeded and the court was required to order the child's return to Turkey.

Court Disposition

Application granted; order for summary return of the child to Turkey.

Orders

  • The child K is to be returned to Turkey forthwith.
  • The parties are to discuss practical arrangements for the return.